[justsaying]

Im sorry but still confused…. are you saying that the motion to extend the current BM that was not approved at a general meeting is valid or not?

it was the EC who appointed this Company not the OC at a GM.

my point is that the OC did not approve this expenditure or contract therefore extending a contract is surely not valid? How can OC extend a contract that was never approved? 

Is your comment saying we have to accept this current one but next time it has to be approved st a GM

thanks and apologise for my confusion 

[justsaying]

I regret to report ive taken my eye of the ball recently. Our AGM notice has a motion ” to extend the BM agreement for two years. ” as this appointment was not approved at a GM surely this motion is invalid, and we need to go back to obtainging tenders and the EGM to approve this? 

Would you be kind enough to state the exact wording/ section of the act re agreement as i cant find it.

thanks very much 

[justsaying]

Following this post…interested to hear your feedback in three months please

[justsaying]

Thanks very much, whale..just one more..can one person vote on a paper vote for just one person … 7 positions… So one name only on the seven vacancies? Sorry its a bit confusing… Basically…vote seven times for one person.

apparently this person has been advised to do this makes the vote invalid? 

Thanks

[justsaying]

Agree, it is vague! Will answer fully in due course.. Its an ethical issue as i now understand , suggest all owners carefully look at strata management  companies and the overriding  board  documents.. Interesting reading.

[justsaying]

Thank you for your comments. My concern also relates to the relationship between the SM and the lawyer.. It seems the SM is pushing this lawyer towards owners and there is some sponsorship  that may be useful to both parties.. Sorry if this seems vague,. Tricky issue . 

The by law cost is much greater using this particular firm! 

[justsaying]

Car spaces are not supposed to be general storage areas and there may be valid concerns related to unsightliness, fire safety and the effectiveness of sprinklers.

 

Jimmy, please advise the section of the act that relates to your statement above, thank you 

[justsaying]

Thanks Jimmy for your remarks. Can you advise the section of smma that forbids   Goods being stored in an open car space please? 

[justsaying]

This is an interesting question as storage is an ongoing issue in strata schemes. Can you enlarge on the issue ? E.g. Will the enclosure impact on common areas, reduce visibility, adjoining lots? What storage is available to other lots in the car space?

perhaps some legal advice from the forum would assist with the chances of NCAT approving the enclosure when owners ( probably with self interests) refuse approval

[justsaying]

many thanks, Jimmy as I expected.. I have passed on your advice.

[justsaying]

I am aware of the avenues available IF you have the time and energy to deal with the difficult processes that make changes possible.  Agree with your words, some owners simply won’t become involved, because they are familiar with possible strata problems, just want to live with the conveniences, and they don’t want to learn about the law. UNTIL their lot is affected !!

Ncat is hopeless, mediation a waste of time. Owners threatened by lawyers to agree to their terms, no negoiation, mediator sits impassively. EC often have the advantage using lawyers to represent them at mediation,  while lot owners have limited resources to respond.  Strata law is often vague and has not  been challenged in court routinely, however some cases have shown that lot owners can get compensation for damages.

Obviously, the best schemes has a EC keen to work with owners, communicate effectively and work  together to ensure the property is well maintained. I agree, best keep solicitors out of the equation , it’s costly and mostly unrewarding. My experience is that some EC let the SM run the scheme without question and don’t understand the need to take ownership of their scheme. Personally I believe that ECM should have a limit of three years, give others a chance.

Some legal firms specialising in strata are very keen to take on cases knowing it will keep their income rising, however, they are best avoided as I’ve discovered. My advice is to speak to several solicitors and take a moderate approach.

thanks again for all advice and suggestions.

[justsaying]

Whale, I brought up the appointment during the motion of budget approval at the AGM.. Expenditure without approval please explain.. I also asked for EC to ratify the appointment and expected they would have it as a motion on the AGM. Difficult when the EC refuse to answer correspondence. Too late when the notice arrives .

 

The previous BM vanished. I arrived home one day to see mr clipboard onsite. The appointment was never minuted. There are some problems with the new BM .. Increased hours,  double the expenditure we approved initially, controlling attitude, commencement work hours (0600)outside of the law… Nothing that can’t be fixed though.

the strata manager was quite dismissive of any comments particularly at the GM.. Virtually instructed owners ( newbies mostly) on how to vote.. ” my recommendation is… Etc etc… 

I did write to the strata manager several times regarding the number of irregularities.. Including sealing of a number of pool gates. Great to come home and think you had lost your mind.. ” why can I open the gate? ” lol. 

yes, I’m mindful of the consequences Jimmy. The good news is we removed the three office bearers. I’ve met with the new EC now and they understand in moving forward and restoring good will another GM needs to occur and I feel encouraged that they are keen for available  education  sessions so this travesty will not continue.

We will also get another legal firm ! 

cant thank flatchatforum enough!

[justsaying]

More advice please! The appointment of BM was not approved by general resolution. I wrote to EC, who refused to acknowledge it or raise my correspondence at a ECM. At the recent AGM I questioned this appointment and the  increased expenditure. I was advised by the strata manager that their firm would never permit this to occur.  I had the minutes of past AGM and the current one with no motion for BM on it. The ECM just sat mutely. Owners were then told we couldn’t discuss the budget item as ” it will take all night”! 

So what are the next steps I need to take please? 6

[justsaying]

Thanks for the help. Ruled out Teys and Grace lawyers… It’s me against the OC who continue to discrimate against some owners while affording special privilege to others( ECM).

my motions at an AGM was railroaded and I was not permitted to speak on my motion at all. Strata manager manouvered the meeting by speaking over us and insisting on a vote. She permitted the then treasurer and lawyer to speak though.! She also ran through the agenda particularly the motion to keep the company on for another year. Several owners protested but were over ruled..

it seems to me that unless you are prepared to accept unlawful decisions by an executive, or have pots of money to fight injustice, strata living is not for you.

[justsaying]

An update on agenda item for ECM. Strata manager advised me ” the act is silent ” on agenda items. The Secretary refused to allow it and my correspondence was not published only  comment “tabled”. We are in a situation now if owners disagree with the EC a lawyer is engaged! A group of owners are now gathering to make changes at the AGM.

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