[Daisy55]

<p style=”text-align: right;”>Thanks for linking my 2 enquiries. I can see there is only one reason VCAT could be useful.</p>
<p style=”text-align: right;”>However, the second question leads to the matter of responsibility of Council in A) enforcement of its planning permit and B) correcting any plans of subdivision when they make an error in signing plans altered and substituted by developer prior to subdivision.</p>
<p style=”text-align: right;”>If a developer switches drawings at council, that causes a loss of facility’s to owners, a fraud, and if so is VCAT OC the right place to hear it? Or is it a Supreme Court matter? Is it up to council to undo the wrongly lodged plans? And what do lot owners do if council fail s to amend the faulty plans?</p>

[Daisy55]

I sympathise. From Victoria. My strata Committee replaced our award winning gardener in my lucury golf resort with their 2 unqualified husbands. In 5 years all the grass has died and trees that are protected in the Shire are struggling.
At a committee meeting of just 3 people they drew up a contract showing no understanding of the landcsape.
The environment I purchased is now trash.
ZOOM AGM coming up. How can I get the other 50 lot owners to care?
The chairman writes her husbands pay slips. He is lazy unpopular and disrespected.
How can i get rid of him and that commitee?

[Daisy55]

In a multi-use property, Victoria, the OC manager agreed that the developer could sequester common property on behalf of the retail sector. This is a breach of the Planning Permit.

This retail area was onsold with a promise that the embedded common property would always be exclusive to the retail sector. Council was called to investigate and advised the OC manager was in breach of the Planning Permit and must allow residents access to the onsite loading zone and goods lift as per special conditions of the planning permit.

How can property be sold if there is common property be embedded in it? In the relevant plan of subdivision the words referring to common property were deleted. According to minutes I saw the architect did this as favour to the developer after the Certificate of Occupancy was issued.   Why are Council not enforcing the Orders they issued two years ago? Can the owners sue for corruption?

[Daisy55]

Vouching for hidden OC records in Victoria. I had 4 stressful attempts at VCAT to see all the Minutes of meetings that were not in the Annual reports. Eventually they emailed me minutes from 4 of the 20 meetings they held since 2014. Their lawyer withheld the rest. I perused them but he would not provide copies.

In particular there were 2 reports from their lawyers at those meetings saying the OC manager was unconstitutional! At VCAT they argued they don’t have to divulge anything that would incriminate themselves. VCAT agreed!!!

[Daisy55]

My home in South Yarra, Victoria, had about 10 people with coronavirus in March, and the building manager had no idea.

I am an older person and on the advice of a medical person who knew about this I had to leave the home I own. Stay Home – Stay Safe is ridiculous mantra if you live in high density apartments.

What happens when overseas tourists no longer have to quarantine in hotels, and private apartments are back in the quasi-hotel business? I have quoted from this story in an email to my owners’ corporation. Embedded fingerprints would make my home a much safer place; not only from coronavirus but from theft, damage to common property, noise and smells from unidentified tourists. My home is NOT a hotel, but Consumer Affairs in Victoria are not listening.

[Daisy55]

Short-term lets caused the spread of coronavirus in an apartment block in South Yarra, Victoria. As an owner in this block of over 500 apartments, I was advised by a concerned friend with medical connections, to leave my home. Becasue of short-term letting, no-one, including the building manger knows who lives in my home.

These recovering cases chose my home to isolate in. I am an older person and spent two months on a rural property while the government wisely and belatedly began to take holiday tourists from the wharf and airport to hotels.

What happens when this arrangement stops? Will the tourists who went overseas be back? Will I ever be able to Stay Home – Stay Safe?

In South Yarra, , coronavirus was detected in at least 10 people in the same apartment. One was from a long-tern tenant just back from America. Her story was in the daily press.

But others were from unidentified short-term-lets, some of whom were told to self-isolate and chose a high-rise with 1000 residents for their personal recovery. Of course, they spread it. I found out through sources I cannot divulge, but it caused me (as an older person) to leave my home for two months.

The owner’s corporation sent out an email to owners to say it was not in our property. Disgraceful as it only encouraged more businesses to advertise.

A residential property is not a commercial property, but Consumer Affairs in Victoria has no teeth and approves of these commercial businesses in private apartments.

[Daisy55]

This is my post. Victoria.  Thanks but my problem is not with a person.

It’s the OC management company who allow delegates to run their private business in our private foyer.  At appointment the Company signed away our common property to shops downstairs. It’s not about any staff member of my OC management company.

The delegates were chosen by the developer,  the OC itself.  How can a company manage common property if they didn’t identify it on the planning permit?

And the delegates don’t allow anyone else onto the committee. Most of the 500 owners are born overseas and don’t get it.

[Daisy55]

Victoria. Same problem in my multi-use high-rise tower. Delegates running their private business in my residents lounge. OC manager accepts their eligibilty each year. Developer chose then with a total of 600 storage cages and car parks. Now they represent hundreds of foreign owners who don’t understand our Laws.

I spent $6000 at VCAT looking for disclosures. No lease to the above delegates. Who lets them use our private propert for their office?  I can’t get these delegates out – 3 out of 5 chosen by owner – and they wont increase the numbers. They vote to keep me out every year.

OC manager has signed away our property rights, and council had to show them the planning permit they never checked. There is a veil of secrecy here. How can we even budget when the OC  himself still controls us all? He just sold part of our retail complex that had our common property goods lift embedded in it! At present our cladding is so bad that State Government is managing it, and owner’s don’t even know.

[Daisy55]

Thank you. Seems the lease was directly with the developer. The committee members whose business use the room, not zoned for commercial use, have 100s overseas proxy votes, behind lawyers in non English speaking countries. No hope of contacting them without emails – which are private.

I have to resubmit points of claim. Developer got building permit with conditions attached. He is represented by a majority on the OC who are compromised and won’t take him to task for breaches. I had to get council to notify all the intesterested parties of the breaches  A big Big case could soon be public.

Need emails to contact all the lot owners. Privacy issues 700 lots here  mostly foreign. They don’t know or don’t care. They don’t experience the misuse of common property every day.

It’s been stalled since 2014 oin a government department. Review is already out dated before being published. The relevant Minister said it wasn’t an election priority.

Overseas investors have most of the 700 lots. I can’t get an order for their email.

[Editor’s note:  FIVE different consecutive posts from this user have been consolidated into one. Adding random thoughts as they occur to you is just going to irritate other readers. JT]

[Daisy55]

Even if this went though, it is only for NSW. It does not cover Victoria.
It should also ask that builders comply with conditions of building permit.
A builder can get a Certificate of Occupancy and then lease back to himself, for his own use, common property.
This might include parts of a corridor lined with cupboards he Leases, or even a common property goods lift in a mixed-use development.
Who is going to monitor compliance everywhere?

[Daisy55]

The business of the OC and the carpark manager are owned and managed by the same entity.

The carpark manager and the OC are not at arm’s length.

Court costs 20,000. I’ve spent thousands on legal advice about this rort and others on the premises already  I’m not rich.

This is not the only rort. I will be posting under… How can the developer lease our common property onsite goods lift to himself for $1,pa.

And how can the people with controlling vote be allowed to rent residential lounge to run their own business.

[Daisy55]

The business of the OC and the carpark manager are owned and managed by the same entity.

The carpark manager and the OC are not at arm’s length.

Court costs 20,000. I’ve spent thousands on legal advice about this rort and others on the premises already  I’m not rich.

 

 

 

I

[Daisy55]

The business of the OC and the carpark manager are owned and managed by the same entity.

The carpark manager and the OC are not at arm’s length.

Court costs 20,000. I’ve spent thousands on legal advice about this tort and others on the premises already  I’m not rich.

 

 

I

[Daisy55]

Replying to my own article. My first paragraph reads very badly. It should say. ..

It is mentioned in the minutes of inaugural meeting that a car park manager will be appointed. It is a multi-use development. The appointed manager of the private residential car park turns out to be the owner of 2 levels of retail carparking on the same site. This carpark manager also owns the Owner’s Corporation .

This sets the scene better than how my story presently starts.

[Daisy55]

When committee is controlled by a majority block there is no way to even get elected and fix it from within by removing the clowns. 

If they say they only want 5 people, and 3 of them use 100s proxy votes (Victoria) to all vote the same way, and won’t agree to call an email ballot, then there is no hope for improvement. The minority of 2 normal people can’t get any resolutions through. 

These ‘delegates’ vote against having an online portal, so even absent investors only get the news if it’s included in AGM minutes. 

Any ideas on how to change status quo? 

[Author]

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