[daphne diaphanous]

To add to my last posting, we are a smallish SP of between 25 & 30 houses, a little over 20 years old. Our sinking fund holds less than $50,000, leaving far less than $2,000 per lot for maintenance works. Well managed?

[daphne diaphanous]

Our adjudicator found “some evidence of irregularities in the past”, referring to regular S71 breaches to cover admin fund shortfalls, which also create a small surplus every time. However, he/she then went on to say “the finances are managed relatively well”.

[daphne diaphanous]

Thank you scotlandx. Helpful as usual. We are dealing with these matters, but good advice along the way is priceless.

[daphne diaphanous]

[daphne diaphanous]

Thank you scotlandx. I did read the Act earlier today, but it seemed as clear as mud to me, since all other proxies are required to be on the official form. 

[daphne diaphanous]

I have been told by another SM that a certain well known & large financial institution does hand out bonuses for the number of customers (strata schemes) signed by SMs. Kickbacks are obviously common, but not when they’re detrimental to good maintenance of strata schemes.  

[daphne diaphanous]

How about malicious stupidity?

[daphne diaphanous]

Just so JimmyT. Meanwhile, an idea occurred to me, which might help matters. It shouldn’t be too difficult to lift the bonnet & find the engine number. I believe they are trackable to the last owner. If that person is a resident, the SM should be able to take care of the rest, with appropriate penalties.  

[daphne diaphanous]

JimmyT’s advice is the best & simplest so far. I think that little problem should be shared by all in your SP.

[daphne diaphanous]

[daphne diaphanous]

Dear Whale, I did refer to your initial posting as “sound advice” & urged gaven83 to follow it. However, my dictionary refers to fraud as “obtaining benefit by deception”. Should things go pear shaped, his landlord won’t be happy & he might lose his bond, which won’t look all that good to his future landlords. That said, I note the jocularity with which “fraud” has been treated in this thread. Who needs Nigerian scammers, when we’ve got our very own “strata scammers” to chortle about, no? I note also that the three of you have “gone to town’ on me & that is certainly not cricket. 

[daphne diaphanous]

The police will probably refer him to OFT or NCAT as a first port of call. The SM is more than likely to be in on it too. It is very unusual for someone to be pulled up like this for a first offense. Either they are very intolerant, which doesn’t seem very likely judging by the existing situation with that parking spot, or they were waiting for just such a situation to pounce on some poor unsuspecting resident & get the repairs done for free.

[daphne diaphanous]

There is clearly an attempt to defraud Gaven83. I would follow Whale’s sound advice, but lodge a complaint with NCAT too. How many other tenants or owners for that matter, might these people have ripped off?

[daphne diaphanous]

Thanks again JimmyT. Your subclause 2 example wouldn’t be the Walsh Bay apartments, would it?

[daphne diaphanous]

Thank you JimmyT. Does that mean subclause 2 prevents an owner attaching a pergola to a back wall?

[Author]

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