[Alkatraz]

Thank you both, those clarifications are very helpful. Right now I am about to go away, so if there is any response by the time I return I guess there is a chance it may act as an admission of an intention to withhold documents, or that they are non-existent, but I bet that they’ll continue to not respond so I will prepare for that second letter requesting access.

I’ve taken all the rest on board too and will keep you posted. Very much appreciated.

[Alkatraz]

We have been a little slow to act, but here’s a no real progress report… 

EC member has received a letter requesting within two weeks, in hard copy form the following

1) Official receipts for all payments I have made.

2) Copies of financials, including all income and expenditure over the last 3 years.

3) Current Insurance details and cover, including building valuations and liability cover.

4) Copies of Annual General Meeting Minutes, Extraordinary General Meeting Minutes and Executive Committee Meeting Minutes covering the last 3 years.

5) A copy of the Bylaws.

6) Bank account details for the strata plan to facilitate the transfer of fees and levies. – (please be aware I have no intention of withholding fees, I look forward to paying any arrears as immediately as bank details are provided).

So far she is ignoring.

Some preemptive questions..

Is it fair or technically correct to consider the body corporate dysfunctional or even non-existent, or EC non existent, if no AGM minutes can be produced showing the election of the committee? (Whether an AGM happened or not, I suspect it was no more than a verbal “same again” driveway conversation, or an assumption by all that positions carry on as usual).

Is that dysfunction grounds for compulsory appointment of a strata manager? (and arguably/likely a paid managing agent as no owner is capable)

Is non-provision of other above quoted (2-5 mainly) grounds enough alone to apply for compulsory appointment of a strata manager? or general mediation over dispute?

[Alkatraz]

Yes I did mean that s108 search, which I remember from when I had bought a flat.

Thank you again. Good points, I think I can make something happen with all that.

[Alkatraz]

Thank you Whale. That helps a lot. Further discussion with him this weekend has clarified that over 9 years he has only received one piece of paperwork, which is a hand written receipt, and that the owner doing the extension is the strata manager. I think I will draft him a letter requesting financials, insurance certificates and minutes, which will surely show one way or another improper management, and go from there. We’ll also weigh up the value of undertaking a strata search report.

[Author]

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