[Costa]

Fantastic and priceless information Whale! I’m reluctant to hijack this thread but I will add an anecdote.

Ten out of thirty units where I am have Exclusive Use car parking spaces granted under under dubious circumstances in 1975 with the NSW Strata Titles Act, ‘as made’ in 1973 operating. The Exclusive Users have never paid one red cent to have them, they add thousands to the real estate value of their units BUT… now the area needs refurbishing at a cost of many thousands, and guess what! They expect the Owners Corporation to pay.

Some of the Executive Committee reckon it’s the perfect opportunity for the Exclusive Users to formalise ownership in some manner similar to how you explain things could be done, but that would mean the Exclusive Users have to put their hands in their pockets. Of course they don’t even like that idea.

At the very least, the Exclusive Users should pay for the refurbishment of the area or offer to chip in, one might think.

The NSW Strata Titles Act 1973 is hard to find but it IS on-line and says an owner who benefits from an Exclusive Use car space must keep it in good order and serviceable repair, and unless excused by the by-law, is responsible for the performance of the duty of the body corporate (Owners Corporation today) in respect of the common property, or the part of the common property, to which the by-law relates.

The By-Law doesn’t excuse them from looking after it, it doesn’t say who has to look after it, so the Exclusive Users should.

There’s a storm a-brewin.

Oh… if you add up the Exclusive Users Entitlements you get just a smidgen over 25%. How about that!

 

 

[Costa]

I think you mean Strata Manager, don’t you Felix? Managing agent being a real estate agent.

Anyhow, ask the Executive Committee to put an item on the agenda for the next Executive Committee Meeting or ask them to hold one especially for the Strata Manager to be put ‘on notice’ to lift their game this should include the appointment of a senior, learned member of their staff to look after your strata… or you might walk.

Then if it doesn’t work, or even as well, put the same item on the AGM agenda.

Check your contract with your existing strata manager first.

See how you go.

[Costa]

Doesn’t anyone have any suggestions, pretty please?

[Costa]

Almost certainly, ‘Disappointed’, you will lose out because, while it’s not your own fault, you are unfortunately in the wrong.

Blame the real estate agent for ‘leading you up the garden path’ and maybe the owner of the property too. The Owners Corporation and whoever is acting for them (the Executive Committee or Strata Manager) is doing what they should, though they should be doing it through the owner who will probably flick it to the real estate agent.

Remove your stuff and whatever else you need to do to make things right at ‘ground zero’, with the EC and other residents I mean, and start making heavy demands of your real estate agent and the owner of the property to find you another place or reduce the rent. They are the ones who misled you and who you need to deal with to get compensation in some form. Not the OC.

[Costa]

My question has been answered thank you. I should have remembered “all records of the OC are by law available for viewing by any authorised individual” as Robert points out above. I shouldn’t expect confidentiality or privacy at all.

It was that ‘big picture’ I was interested in. Not so much the lazy, inappropriate use and abuse of our rubbish room and bins.

Fact is, so much stuff goes on here that is against all rules, not the right thing to do, inconsiderate of other residents or just plain lazy. And it’s mostly ignored by the Executive Committee and Strata Manager. When anyone complains to them they are treated like a ‘whistleblower’ with all the terms pejorative connotations, naming and shaming the complainant. 

[Costa]

My head hurts. 

[Costa]

Shouldn’t the EC have put the name of the person they were thinking of replacing the departed member Ms D with in the agenda? IE Mr X?

Is two out of four (originally elected) members a quorum?

Since there was no mention of any proxy in the minutes, that means there wasn’t one I suppose, so it just the two of them electing someone and nobody knew who, until the meeting.

Whale, I think I sense a terseness: “Costa – no sour grapes from me either, but your question was answered by Stevecro way back in post #3, but to reiterate…” While I apologise for my lack of knowledge in these things, it seems there is a lot that is… err… inexact… around this, don’t you think?

To make it crystal clear, I am completely happy with the new appointee, we agree on most things. I’m just not confident in the process. 

[Costa]

Our Executive Committee was four: Mr A, Mr B, Ms C and Ms D.

Ms D sold and left.

An agenda item for the recent Executive Committee meeting said: “3.1 Discuss replacing Executive Committee member Ms D who has sold.” No name or other details mentioned.

The minutes for the Executive Committee meeting say: “3.1 New Executive Committee member to replace Ms D. Unanimous decision to resolve to appoint Mr X to be on the Committee.”

There were only two members out of the remaining three at the meeting, Mr A and Mr B. (Apologies – Ms C.)

Is this kosher? To me it seems very iffy. A snow job perhaps. Not expressed whether Ms C gave a proxy to anyone or if the ‘unanimous decision’ was just the two at the meeting.

I bear no sour grapes, I promise.

[Costa]

Thanks for the advice all, it is very helpful.

When I sent a polite, short email to our Chairman who resides elsewhere suggesting we meet for a brief, informal chat about the state of things and the need to replace the departed Executive Member with someone preferably living on-site, his reply was “No need to worry, it’ll all be OK. I am not sure about having a chat”. 

Time for step 2. Thanks again.

[Costa]

I believe there is something in ‘the Act’ in NSW that says you can’t let others use your Exclusive Use car parking space, or might that just be you can’t ‘sub-let’ your space? Anyone know?

in any case, I can imagine someone else’s trailer parked in one’s Exclusive Use car space might be stretching the friendship a bit.

[Costa]

Thanks very much Whale. As you suggest, there’s sure to be something I can find in your references. I’ll get reading.

Thanks also for your suggestions Tharra. The problem is, our EC seldom hold meetings, everything is done by email and almost nothing is kept on file with our strata manager, it’s all electronic and so is difficult to ‘discover’ and often if controversial it’s deemed as ‘personal correspondence’ so can’t be accessed at all. It’s all a bit secretive.

Pet projects? How about this? No agenda, no meetings, no correspondence, no warning but one day all 9 clothes dryers were re-vented into common property walls changing a perfectly tidy and acceptable arrangement where they were vented out windows, at a cost of over three and a half thousand dollars. No correspondence can be ‘discovered’ on file and no EC member will volunteer any information about it. What do you reckon?

[Costa]

Wow thank you scotlandx! Very fast reply and it seems even before my questions were moderated on, unless there’s been a clerical error. Anyhow terrific, thanks again.

[Costa]

PeterC, I can’t help the mental picture I now have of you and the rest of the elected Executive Committee ‘having a laugh about it and building some supporting solidarity’ amongst yourselves at the expense of some poor sap constituent with something to say you consider unimportant.

I once read that “everyone is right 100% of the time”. Admittedly the book wasn’t about strata living.

[Costa]

Add me to the ‘difficult owner’ list too. Frankly I am disappointed in the attitude expressed in posts by scotlandx, PeterC and to a lesser extent Cosmo’s though he does have a more practical approach

Our Executive Committee clique seek to marginalize and intimidate anyone who raises an issue which doesn’t suit them. I complained about the Treasurer leaving rubbish outside his door and he attempts to bully me and tells me to “stop wasting everyone’s time with silly emails”.

The Strata Manager from a big firm tells them to ‘ignore’ complaints. Just the ‘tactics’ suggested by scotlandx and PeterC. 

[Costa]

The Secretary is in the habit of leaving bags of rubbish at his door rather than keep it inside or take it straight to the community bins.

Over Easter this became a bit too much for my family and I as our visitors saw it and were appalled so I complained to our Strata Manager who wrote to him adding a photo I had supplied of the offending rubbish.

His reaction was to screw and rip up the letter and photograph and leave them at my door (he assumes it’s my doing of course). My wife and daughter and I found this as we opened our door this morning causing us great angst.

This is an aggressive and intimidating act. What do I do now?

[Author]

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