[Costa]

Is there a statutory requirement for background information to go out with the agenda, JimmyT? (One of the tricks often employed here is to not send out the quote, for example, or plans with the agenda so only those at the General Meeting ‘on the night’, the chosen few, get to see information and have to decide on the spot.)

In the current instance I posted about, there is definitely quite a lot of incendiary material, including a set of Strata Committee meeting minutes showing ‘malice’ in which were put on a notice board, not sent out, thus hardly anybody would have seen or read them. I would like to include them with an AGM agenda item but not so much the mention of a committee member telling me last February 4 he is ‘a ninja and would kick my maracas higher than Jesus’ 🙂

Thank you both for the great and sensible advice.

[Costa]

Thank you very much proudsceptic. I will ask our Strata Manager about this.

[Costa]

Your cloaked accusation of racism is misplaced PeterC. You’ll have to accept that and please apologise.

The rest of your post is unconstructive, unhelpful and your final paragraph. an attempted bon mot, is condescending and flippant.

[Costa]

Thanks for the information and suggestions JimmyT and PeterC. 

Have I interpreted your posts correctly? It seems strange, though, a Strata Manager, to whom all the usual powers are delegated, doesn’t have a ‘duty of care’ to stop bullying or be liable for its consequences. And I would ask the same question about an Executive Committee. 

[Costa]

Our strata manager Tricky Rikky says “Ahhhh… but Costa, the Act says the vacancy has to be filled, but it doesn’t say by when… ” so in the two instances this has happened to us in recent years (an EC member vacating in Sydney NSW) they have just not been replaced and we’ve waited until the next AGM, in one case 10 months.

[Costa]

Thanks very much Whale and JimmyT.

Whale, love the phrase “due to the acoustic peculiarities of the Plan”. Made me laugh out loud. Why? It’s exactly the same here. Here there’s sort of void in the building seemingly designed to amplify any noise such as building noise or motor scooters driven by narcissists leaving before 6am to go to the gym.

But also this reminded me our EC spent a couple of grand having our by-laws redrafted a couple of years ago to ‘simplify’ them and of course they ended up being way more complicated and more unworkable than they were before.

[Costa]

Thanks very much Whale. Just what I needed to find out. 72 hours? Seemed like an eternity. You’ll know there isn’t much time required for notification of an Executive Committee meeting and our agendas go up in the middle of the night, at the last possible minute. Also the noticeboard is situated in a place where nobody has to go so these meetings sneak up on you. Hope you understand and thanks again. 

[Costa]

I realize my topic and question may not be as sexy as ‘curbing noisy kids’ or ‘termite damage’ or ‘EC not repairing stormwater damage’ but I hoped it’d be an easy one for someone more knowledgable than I in these matters. Please can I try again?

[Costa]

Thanks Whale. The reply I usually receive when attempting to check up on things like this, from both the Executive Committee and Strata Manager, is that the emails and conversations between them are private emails and conversations between individuals. Regardless of what decisions are reached, like not trimming trees that badly need it, one can never find out the reasoning behind those decisions.

Perhaps a submission to the CTTT, or NCAT or whoever they are saying they’re not maintaining the Common Property with a request for an Interim Order to get them to trim the trees might initiate the falling off of the wheels.

[Costa]

So, please, do you know, as I ask above:

“How can I get ‘the powers that be’ to have things fixed as promptly as if I was organising it myself? Am I allowed to, say, give them a deadline of a week to organise some action or I’ll get it done my self, pay for it, then bill the OC?”

It’s been two weeks now. Am I entitled to get my own tradesmen, pay to get things then bill the Strata Manager / OC?

[Costa]

No mikobrand96 you are definitely not alone. I can’t wait for the joint Sydney Morning Herald / Four Corners investigation of the whole ‘industry’. There will surely be one.

[Costa]

What’s happening at Flat Chat? 2 days ago… 4 days ago… 5… 6… 7…

Everything OK?

[Costa]

Thank you for checking and for your advice, JimmyT. You are right, I think. Here, the inaction of the EC and Strata Manager means anyone who has the gumption to highlight serious, blatant multiple breaches of the Act is hanging themselves out to dry.

It’s more than highly defamatory anonymous posters put up at midnight too. Cars have been keyed, aerials and mirrors broken off. Whistleblowers’ (yep plural) cars clamped with $50 clamps by an unknown person. By the way, everyone knows who’s doing this stuff but there’s never any proof of course.

I was wondering if the Executive Committee or Strata Manager have some sort of ‘duty of care’ when it comes to bullying, harassment and the safety of their constituents. The police and non-strata lawyers seem to think they do / should, or maybe they simply can’t believe they don’t.

[Costa]

That’s right, Scotlandx, we have an agenda for an EGM with the usual motion requiring approval of previous minutes, but no minutes for the AGM we had two weeks ago. 

[Costa]

JimmyT, Kiwipaul. I believe that could be the interpretation of the modern, current by-law. As I said, I don’t want to hijack this thread, but the by-law where I am was made under the NSW Strata Titles Act 1973 which IS on the net but very hard to find. 

[Author]

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