[chak]

Thanks PeterC, did exactly and done!!!

‘THANK YOU’ to all and it was a positive result. We had a 100% to specially dissolve the EC, no objection from the few since we said, “vote of no confidence”.

Though we had lengthy debate with the $500,000 special levy but at the end of the day, without realisation, they admitted that the defects were fixed but does not like how it was done so they wanted another builders to redo their bathrooms.

 

Next is the Strata Mgt, do we need to have an EGM to decide or is there another way to do it without another EGM? 

 

Thanks once again.

[chak]

Sorry guys, one more question and hopefully answered by tomorrow, please cos big day on Saturday.

 

Can someone be nominated for EC although that person is not present at the EGM due to change of meeting date at the last minute?

 

Thanks.

[chak]

Thank you everyone. I shall put all ideas into action and I hope I have the number to vote in our favour. At the moment I have 38% and hopefully on the night I will have a few more to add to my number. 

Will post the result and thanks once again….

[chak]

Thanks Whale. I have worked out the order for the meeting according to your advice.

One more question, as explained in previous posts the situation regarding our EC, our SM insist that we still need to have a motion to dissolve the current EC and he put this in our motion:

“That the meeting SPECIALLY RESOLVES to determine pursuant to clause 4(1) (e) of Schedule 3 to the SSMA 1996 that the office of each member of the Executive Committee is vacated.”

Does it mean we need to dissolve the EC first as in the motion or can we, working to the Act, go straight into nominating and electing EC members?

 

[chak]

Thanks gents. We finally got our EGM but not without dramas from the Strata Mgt. Now I have another ‘hurdle’ for the EGM and need some help so that we do it right under the Act.

1. We do not officially have an EC since they are not elected by the OC but self-elected, can we nominate someone at the meeting to be the Chairperson for the night of the EGM?
2. As stated in 1., we do not have an EC, so we do not have a secretary, who do we give the proxies before the meeting? Are we allow to hand the proxies to the nominated and OC elected Chairperson at the meeting, immediately after the Chairperson is elected?

3. One of the EGM motions is to resolve to vote an entry on the minutes for the last meeting, AGM, as an invalid entry, thereby the minutes was not a true copy and account of the meeting. Once we voted to resolve as an invalid entry, do we vote that the remainder of the minutes as true and correct account? How do we go about doing this? I am sorry for the confusion.

Thanks

[chak]

Thanks. JimmyT- No the SM is not the secretary. He is not happy because I told the Management principal that we do not want him at the meeting.

We have put forward an agenda and motions and the SM has amended it for suitable wording. Now the questions is if the SM send out the amended agenda and motions without our approval, what can we do?

We wanted the EGM to sort out a few important issue like a special levy for $500,000 and if the SM changed it to suit himself and a few EC members and the EGM agenda will be totally different!!!

Can we put to the secretary last minute motion for the EGM? How much time before the EGM?

[chak]

Thank you very much for all your replies. 

Finally got to view the strata roll, they have made copies and stapled, ready for me and not the original. It has name and if leased, the leasing agency. No phone numbers nor any emails addresses. I supposed with the privacy law. Able to view the rest of records on the computer.

Read up on the Act but found it slightly confused about Who can vote?

Married couple and only the husband’s name appear on the strata roll. What is the legal implication on his wife with regards to voting and holding position in EC or have a say on motion?

I found out from searching through the records, initially she was not married but was holding EC position as Treasurer and was signing off contracts on behalf of OC?

 

 

[chak]

Thanks a million scotlandx. 

I have written to the management quoting the sections under the Act. Immediately he turned around and invite me to phone for an appointment. When I did, I got the run around, “we’ll call you back in an hours time with the time” After 2 hours 45 mins, I called them again and hundred of excuses, follow by we will call you back before the end of business today. I asked, “are you trying to prevent me from viewing the strata roll” “no, no, no” 10 mins later they called to fix the time. 20 mins later they called to change the time. This time I got them to confirm the time via email. Why are they preventing owners from viewing and making copy of it?

Have no clue about the strata roll, please advice which sheets should I copy if I want only the updated details of all unit owners? Do they all display on one sheet? Thanks

[chak]

Thank you very much to everyone who contributed, extremely helpful. 

I have written to the Strata Management for access to the strata roll and his reply was,’ he will need to write to all owners for permission to let me have access to see the strata roll’. Well, I think based on what I know now, I think he is trying to make it difficult for me. Following instruction here, I will demand to see the strata roll as an owner. Thanks.

Out of interest, is the below statement referring to Strata Roll as well?

Property, Stock and Business Agents Regulation 2003

Part 5 Clause 40 

Managing agent to permit executive committee to inspect records

(1)  A strata managing agent or community managing agent must permit, on demand made at any reasonable time, any member of the executive committee of an owners corporation, community association, precinct association or neighbourhood association for whom the agent acts as managing agent to inspect any records or books of account of the corporation or association.

 

[chak]

Can we call an EGM if we have enough unit entitlements between us and not go through the SM?

Can an owners request for the Strata Roll on his own or can we as a group with enough unit entitlements (more than a quarter of the total unit entitlements) request for the Strata Roll?

 

[chak]

Thanks. I am organising to do the usual thing under such situation, how can OC get rid of the Strata Management? Do we have to wait till their contract expire or can we give them notice to terminate? What are the correct procedures to follow under the Act?

The same with dissolving the EC, can we, at the Extraordinary GM motion to dissolve the EC? Voting for EC members, can it be done by show of hands either Yes or No?

Sorry, I am entering into new ground and want to do it correctly under the Act.

[chak]

scotlandx, it was effective because the SM went on annual leave immediately the following day and emailed before to state that the issue was not resolved. Thanks.

If a few of us owners with enough unit entitlements to call for an Extraordinary GM, how can we go about contacting all owners as some units are rented out?

If it is the strata roll, where can I get hold of it because I know positively our EC do not have one? Can we ask the Strata Management for it?

[chak]

Thanks for the replies. It has been very useful. Accordingly I have written to  the Strata Management who insisted it was a resolution for engaging outside builders although the Developer is willing to attend to defects as order by FairTrading. He further insisted it was a direction from EC. Anyway I will be taking the next step to CTTT. It was only 3 members of the EC who do not want the Developer to rectify their defects but opt for outside builder and Strata Manager appears to be working alongside with them.What a mess!!! Thanks all the same.

[chak]

Thanks for all the replies.

I was advised by LPI that Owners and Owners Corporation are different entities and OC funds are set up to maintain the building and the common property.

In your opinion, can the owners use the OC fund to finance a Defects Report($24,000) by a specialised company on the block for the developer to fix defects before the Home Owners Warranty expire?

Now a few owners (EC) want a special levy($466,000) to re-rectify the defects cos it was not rectified to their satisfaction though there is nothing wrong.

Help!! How can a few owners stop the few EC and the Strata Manager from proceeding with their plan? Is there any govt depts we can seek for help?

 

On one side you have the Strata Manager and 4 EC armed with the statement below to proceed. I know they are wrong but do not know how to proceed to deliver a strong message to stop their action.

[chak]

Thanks Whale.

Does it mean only the original tiles on the walls adjoining other Lots in the bathroom are considered CP? Original tiles on dividing walls within the unit are not CP?

What happened if the Developer re-tiled over the original tiles instead of removing the old tiles? 

[Author]

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