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With a lot of money I could go for an injunction with VCAT but that would add to the stress.
I don’t know that this would take a lot of money. As for stress, it may increase in the short term but reduce in the long term.
This FactSheet (if you haven’t already seen it) has all the information you need. It also has a link to this page of bodies that might help and this page for urgent hearings.
Considering VCAT’s stated parameters for an interim injunction are …
your case is serious
you will suffer damage that can’t be compensated by a payment
the injury or inconvenience to you will be greater than the injury or inconvenience the other party would experience.
… I would think you would get a hearing, at least.
Just a couple of thoughts. Get as many neighbours as you can to support you and try to avoing making it personal or about undue influence on the committee. That kind of thing could shifts you from legitimately aggrieved resident to vengeful owner or conspiracy theorist in the minds of Tribunal Members.
Good luck
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It’s up to the owners to decide at the next election. Committee members aren’t obliged to follow the party line – and it’s good that they aren’t. And they are entitled to campaigh in the community against decisions they think are wrong.
But if they are just being bloody-minded, you get rid of them at the next AGM by adding a more amenable owner to your “ticket” or reducing the number of seats on the committee so there’s not room for them.
You could even explain to owners that this person is disruptive and let them decide for themselves.
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I think you start by sending a simple demand that the money be paid back immediately. It’s not your problem if they threw money away in your name. They need to either recoup it or wear the costs.
Then I would be seeking some assurance that they are reviewing their accounting systems to prevent this happening again.
And meanwhile I would be looking for another strata manager.
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Unless the original locks were broken, the committee has no need to stump up for this. They choose to change the locks, they have to pay. If they think the locks are owners corporation proerty, politely ask them to reinstate the original ones which they removed without authority. That might change their tune.
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The manager must follow the instructions of the AGM. So what if one owner objects (unless that tips the voting on an interim
provisionalspecial resolution)?Contact the manager and politely ask them on what legal grounds they are not proceeding with the instructions of the owners corporation. And will they commit to reparation if you or your proerty is harmed due to compromised security. This should be copied to the secretary of the scheme.
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What I was hoping was that someone would be able to tell me whether major renovations in a Strata block are allowed during Stage 4 lockdowns in Melbourne.
Try these DHSS contacts
Phone: 1300 650 172
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I can pass this on to my colleagues in the media but you would have to be named and perhaps be in a picture. Let me know if you are up for that. Meanwhile call your local police station directly. A home renovation is probably way down the priorities of the Covid Hotline.
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Call the cops? Or is it too late and the work has finished?
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This discussion has now descended into personal attacks – some of which I have deleted – which don’t do anyone any good, least of all the readers of this website. This topic is now closed. Don’t try to post any further messages here, don’t try to start this up in another topic (unless you want to be permanently banned from the site). Move on. Resolve your differences and, most importantly, do it elswhere.
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You have written to us before and I am sorry you have been unable to resolve your issues.
I have only two pieces of advice – create a simple document explaining how owners are being ripped off and have it translated into the languages spoken by the majority of owners. Then try to get a couple of representatives onside to help organise votes in the future.
Or apply for the appointment of a compulsory strata manager to take over the running of the building (and make sure you have a suitable candidate to go into NCAT with you) and let them start sorting things out.
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Someone from your committee has been in touch to say that you were informed about the meeting (as were other residents) and that the payment that was approved was a lot less than you said and that when someone approached you to try to explain you accused them of bullying you and harassing you at your front door.
So what’s the story here? Are you the only person in your block complaining? If nobody is listening to your complaints it may be for other reasons than those you have outlined.
I really hope you aren’t using this website and my column in the AFR to harass your neighbours (for instance by sticking copies up all over your block to “prove” you are right).
If that’s the case, you need to pull your head in. Or is everybody out of step except you?
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You could always launch a petition – like this one about pets – at the NSW parliament (all you need is 20,000 signatures and the agreement of a member of parliament to present a motion to parliament once the numbers have been reached.
This is what it says on the Petition web page:
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To submit a petition you will need to provide your name, email address, physical address and a contact phone number. We need this information so we can contact you if there are any problems with your petition. Only your name will be listed publicly, once your petition has been made public.
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You will need to provide at least five names and email addresses of people who will support your petition. We recommend you provide details for more than five supporters in case some don’t respond.
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You will need to identify a Member of the Legislative Assembly who will present the petition for you. We recommend you contact the Member to let them know you are asking them to agree to present your petition.
As far as finding someone to support the petition, it’s going to carry more weight if they are on the government side (and I know at least one minister who is less than happy with the way some strata managers do business).
However, rather than calling for a Royal Commission, they are more likely to support a shakeup of the strata management system, preferably one that supports the good operators and gets rid of the shonks (something like what David Chandler is trying to do with the building industry).
The motion could be something like: “That the government investigates the strata management and strata facilities management industries with a view to making operators more accountable, contracts consistent across the sector for both strata managing agents and strata facilities managers, and the holding of licenses contingent on meeting basic perfomance indicators.”
Here at Flat Chat we shouldn’t really get directly involved but we would certainly publicise the petition if someone else started it.
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The strata manager doesn’t want to ‘open a can of worms’ by getting a legal opinion, but we know they have had their own legal advice. We are worried that by doing nothing (and it’s been a long time now) that they’ll just be able to take the land stating that they have looked after it .
Well might you be worried, reading this story in the SMH today about an owner who annexed part of their neighbour’s property and was granted ownership of it under “squatters rights”.
The strata manager should be told that opening cans of worms is their job. A polite but firmly-worded letter to the unit owners, explaining that they don’t own the land, that they need to come to an arrangement with the owners corporation for continued use and they must allow access, should be sent under recorded delivery as soon as possible.
As for their “legal advice” I”ll bet it’s just a case of being told to sit it out and not allow the owners corp representative on to it, so that can claim adverse possession eventually.
Get your strata manager a can opener – or get a new strata manager and, most importantly, talk to an experienced strata lawyer about your options.
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