[Frustrated Gardener]

So I think the capital fund was used to pay for outstanding invoices that were administrative. It was masked as having been for damage to a large expense asset. Our insurance claim should have covered the expense, but instead covered other expenses.

It frustrates me to no end that this probably has been happening for a while. I only noticed the latest anomaly as I have been really scrutinising the spending and balances.

I am for full transparency, even if I don’t like what I hear or see. How can you learn for the next year if the strata manager is playing with the books and doesn’t think to tell the Executive Committee. How do you budget or forecast? What about eventually actually needing what was in the capital fund.

What’s worse is that they try to pull some bogus gibberish, citing some part of the act, hoping that I will buy the story when I question them about the situation. I waste my time looking for whether they are telling the truth, trying to understand legal speak, and bothering you kind people with my concerns.

In any event, bless the people on this forum for taking the time to help.

[Frustrated Gardener]

Thank you everyone for your thoughtful insight.

So basically be persistent, get what you can in writing or tabled, and when enough is enough, use what is documented to do what is necessary for action, whether that is sacking the committee, mediation or tribunal.

[Frustrated Gardener]

Yes Jimmy, we ran out of money to action approved items at the last AGM, so we are going into the next AGM not having resolved them.

I guess my concern is that we could perpetually roll any unresolved agenda items indefinitely. I was hoping that we would be in a position to hold owners to account for not making progress from year to year – progress could be made with higher levies but is obviously unpopular.

So approval of an agenda item is intent and not implementation? If we have a relaxed EC and intent is all that’s ever realised why have motions for action if there is no penalty for follow-through?

[Frustrated Gardener]

Thank you guys for all your help and guidance.

I hate conflict, no, actually I hate not being prepared. My commonsense tells me that they have an obligation to keep the property looking as it did, I just did not know where to find the relevant legislation\laws that they are breaching. The legislation is difficult to decipher sometimes and think at times my confirmation bias is playing tricks with me, and I may just be reading into the text.

I have for many years argued the benefits, but never got the support as it’s always been about not increasing levies. This approach is catching up with the complex as we never have any money in reserve.

Appreciate the site and I will regularly check back in.

Thanks again and a Happy 2023!

[Frustrated Gardener]

Owners are complaining of high levies so any mention of higher levies because of gardens is going to be met with resistance.

What they fail to realise is that a bare looking garden financially impacts the value of the properties there.

The Secretary makes sure what she sees is cared for, but won’t do the same for the others that look into the courtyard. She is on fantastic terms with the Strata Manager, so they always work together, leaving me feeling defeated.

I wish there was a part of the legislation I could refer to, to force them to acknowledge their responsibility to care for the gardens as a whole.

Unfortunately other owners are timid and the Secretary usually gets her way.

I’m at a loss on how to proceed. I feel as though the motions I present will be defeated. The Secretary and Strata Manager hold the power.

[Frustrated Gardener]

Thank you Sir Humphrey.

The motion can be defeated though right?

I have been discouraged in the past to add a motion because it would have to go through the OC whereas I was told that if we informally discuss the plans, then the EC could allocate funds within permissible limits for the gardens.

At times I feel as though this is just to buy another year of doing nothing.

Is the OC obliged to keep the gardens in the state they were when I bought 15 years ago? They were pretty then and the reason I bought there. Each year they just get worse as they are neglected for another year.

Unfortunately, I never took photos when I first moved in.

[Author]

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