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07/09/2012 at 10:36 am in reply to: General Question re motion on EGM re OC and EC and individual Owners #16441
Yes, I seemed to have bought into rather a strange Over 55’s SEPP5 Strata complex where the incumbent EC do not seem to understand the basics of their ‘rights’ and who want to ensure those Owners in favour receive whatever they like and the other couple of Owners who keep asking pertinent questions regarding their behaviour get ignored or talked down. First time I have been living with Strata By-Laws and for the most part, they all make sense – and if all the Owners (neighbours) do the right thing and follow the rules it should work just fine. I seem to have been landed with an EC who change the by-laws to stop the couple of us getting our rights and the other Owners think thats all ok because they got what they wanted. I know, I can go to CTTT and at some stage I will but I am hoping the Strata Manager can educate the EC so they do the right thing by all of us equally. Fairness, equity, trust, transparency – they all come into play but if you are not a favoured Owner – bad luck. I think if you look at my past posts you will get a flavour of what I am up against. Being one of the youngest in the block, I may just have to outlive them!! If I ever get on the EC, I certainly will ensure no one is treated the way I have been treated.
06/09/2012 at 8:05 am in reply to: Strata slap – should EC have claimed insurance for private spat? #16431Just one more thing – the Court Transcript shows the Magistrates instructions that the owners in this matter must pay their own costs.
06/09/2012 at 8:02 am in reply to: Strata slap – should EC have claimed insurance for private spat? #16430Update – obtained copy of Insurance Policy. Yes, there are consequences for misrepresentation. Have notified Strata Manager of my concerns regarding the upcoming EGM and the ratification after the fact of the EC member & condoning of same by the EC in claiming legal fees on Owners Corporation Liability Insurance. I can only hope at least one member of the EC will be the voice of reason and understand the legalities involved here if this is allowed to continue and the exposure to the OC as a whole for costs. The three of us who see the consequences are the youngest owners in this Over 55’s SEP5 Strata complex. We have tried our best to explain this to the other but there is none so blind as they who will not see. I have indicated to them that the Chairman (a JP) witnessed her hitting me a 2nd time to show him how hard she had hit me the first time and my partner was witness to that. She had admitted to two constables last week that (her words) ‘she put her hands on me’, I have my sworn statement to the police and the court which provides a full account for the reason for seeking the AVO. I have a signed undertaking to the court and myself by the EC member that she will cease such behaviour and on the bottom it states each person will pay their own costs. I have a court transcript with her solicitors opening statement to the magistrate stating this is a ‘private matter between X and Y’ and I have on file minutes of an EGM meeting which took place shortly after this incident which clearly shows this is a private matter between two owners and the EC cannot and will not get involved. I also have evidence of the EC member withholding documents from the correspondence file held by the Strata manager stating ‘she will deal with the matter’. I dont know what else I can say. The Insurance company has been misrepresented and yet I feel like I am a voice in the wilderness as other owners befriend her as she cries that she is being victimised. If anyone has and is being victimised in the matter it is me and the OC. Anyway, I will continue to update the progress of this. I know there are more important things happening in the world but a wrong is a wrong and it must be righted as far as I am concerned or more serious corruption can occur.
02/09/2012 at 9:44 pm in reply to: Strata slap – should EC have claimed insurance for private spat? #16404Apologies. Did not mean to use my own name. Tried to keep this anonymous but as you type and it all runs away from you, you tend to forget. I intend going to the Insurance Ombudsman if the insurance company does nothing. I will then decide if CTTT is required depending on the outcome. Thank you for your input.
02/09/2012 at 8:27 pm in reply to: Strata slap – should EC have claimed insurance for private spat? #16401Thanks everyone. Yes it is definitely fraud however she has never admitted her guilt to the EC. After the court hearing, she returned to the complex and told them the AVO had been dropped. She did not mention the AVO had been dropped because she had signed an undertaking to the court (and to me) so they didn’t evict her from the EC which is what I had requested be done.
Instead I have had to fight every inch of the way to show that she was guilty by way of finally paying for a copy of the court transcript. The insurance company told me the case was closed. I am waiting to see what they say when they see the court transcript showing this was a private matter and costs must be met by the individuals
I get the impression the insurance company is not interested as it is only about $1600. I however know a principal is involve there and the EC condoning her behaviour only makes everything worse. Our insurance premiums have gone up as a result of this claim and payout. I am waiting for the insurance company to come back to me regarding their decision and if they do not overturn their decision and ask for their money (Owners corporation money) be returned then I will go to the Insurance Obmudsman.
The EC are now looking at having an EGM and allow a motion to be voted which signifies that the Corporate Body (their words not mine) are fully aware that the matter of an insurance claim by EC member to the insurance company has been ‘finalised’ and they have no further interest in the claim.
As the members of the EC condoned the claim, this should not be allowed to happen though I don’t know how to stop it. I want the insurance company to overturn THEIR decision to pay the EC member and for the money to be returned to the insurance company AND the guilty EC member be made to step down and never to be allowed to be re-elected to office again.
The current EC should be embarrased by their actions. I failed to mention that on Wednesday evening the 29th Aug, 2 senior policeman constables turned up on my doorstep to say the EC member is feeling harassed by me putting items on the bulletin board about this and they were asking if I were going to continue doing this and if so, the EC member would get an AVO out on me.
They also told me in the course of their conversation to me that she had admitted to ‘putting her hands on me’. I said my only avenue to have this heard was the Owners Corporatation Bulletin Board and I was using my freedom of speech to ensure other Owners knew of this issue. My notices are a copy of the Court transcript (a publicly available document), my concerns regarding this matter and a copy of my letter to the insurance company requesting they re-open this claim.
I think the police were mates of one of the EC members (an ex policeman himself) sent to intimidate and bully me into silence. Not something I intend doing. If anything further goes to court, I can now call on the two police who came to see me to witness their comments to me regarding the EC members admission. I hope it wont have to go that far.
struggler said:
It is totally out of line to harrass someone about volunteering around the complex. You cannot make someone volunteer.
Though you should consider whether your levies will cover a third party. In our complex, when it was built and all moved in, we were all like minded people. At least 50% of us would do a bit of work here and there. Then most of these volunteers move out and left just a few. In their place were owners who expected absolutely everything done for them out of their levies. Problem was, the levies were not calculated to cover everything. So it was put to the owners that we would have to increase the levies, quite substantially if they wanted everything covered. We were met with a resounding “No increase”.
The few in the complex who continued to do a bit of work gave up. We have personally witnessed owners who will step over pieces of paper in the driveway, or at their front doors because that is for someone else to do. So we did get in third parties to do the most of the work. And we did have to increase the levies. I would estimate that our costs in maintaining this complex have risen about $7,000pa because of paying for third parties. And thats with owners/residents expected to keep the immediate area of their units clear, clean and tidy (which many don't) and with a few of us still doing extra work when necessary between visits from the teams we now pay.
Thanks everyone for your comments. I should clarify that I was more than happy to help with the gardening and in fact did so until one Committee member argued about cutting back an overgrown mile a minute fine and then slapped me which ended in court and her making an undertaking to the court never to do that again. She then claimed her legal fees under our Owners Corporation Insurance saying she was acting as a committee member when in fact we had been told by the committee and Owners Corporation it was a personal matter to be dealt with through the courts. I was then told we cannot cut back anything in the garden without EC approval. So I was more than willing to assist but that demonstration of abuse made me stop immediately and decide it was better to pay the levies and have outside people do the garden. The harrassment is because I email when there is unfairness in the complex not because I want to be a nuisance. Latest example is CP storage room. Two other apartments have requested enclosed storage should it become available (the 3 other rooms allocated the EC advise are 'full'). An owner moved into an apartment just 6 months ago (I have been there 2 years next month) and got enclosed storage space in a room that had been previously used to store paint, tiles and other building paraphenalia. This is a corrupt EC and this particular EC member is nothing but a bully, coward and unintelligent buffoon who thinks he can intimidate and harras and get away with it but I will not let that happen. I am one woman prepared to put my head above the paraput to show unfairness and injustice.

I should have added that this is just one EC member (today) and another comment made today was 'why dont you do some work around here instead of sending emails all the time'
Take your complaint to the Executive Committee for urgent attention and cc the Strata Managers so they are aware. If the EC do not act, you can ask the Strata Managers to offer their advice as to the steps you should take to get this rectified. If all else fails, try mediation at Dept Fair Trading. They do listen and are very helpful. That is my experience anyway.
Try CTTT as a dysfunctional EC and report any by-laws he/she is breaking
Thanks Ben for understanding…that is exactly what we have here – a dysfunctional EC who were the first to take ownership of their apartments and move into the complex doing whatever they liked as the builder had gone into liquidation. They ensured they got themselves elected to the EC prior to anyone else moving in and have managed to convince others moving in after them that they are the only experienced people able to manage it and who have their best interests at heart.
The poor devils who are not thinking for themselves are just being led along by the nose with a few little ‘favours’ thrown in as and when needed. It is so sad to see that people do not think for themselves or stand up for their rights. It is only that 2 apartments realised what was going on early in the piece and recognised the intimidation, victimisation and harrassment for what it was….bullying tactics.
We have since stood up for ourselves and be heard and we will continue in that vein until these rude people are too old or sick to carry on (they are all older than us) so one way or another we will win out. We will also test the CTTT to see if they can put some ‘teeth’ into the matter and force a change. We just want equity for the property we bought into and our just rights to access and to be treated fairly and that there is transparency to all.
The weak and the frail or those who dont care will one day find themselves or their families disadvantaged by these bullies and when they find that the lockable common property that they have a right to, has been annexed by default to the EC member apartments and therefore increased the value of their apartments, perhaps then they will understand our fight for justice. In the meantime, we continue the battle and hope that as some sell and newcomers move in, that they will understand immediately what is taking place and make change and the tide will turn.
There is nothing in the world like two determined people who want change to make it happen. Thanks again
Thank you Simone however I fear the EC Committee are about to put ‘mates’ of theirs as Strata Managers replacing our current ones so there will never be a fair go for those in the complex not currently in favour. It seems they are determined to go to any length to ensure that 2 x units do not have their legal rights to anything because they do not like us. They are however, missing the point that one day this may all turn around and bite them – particularly when they are too old and sick to be on the EC anymore. You did not mention the ‘exclusive use’ of the lockable common property that the favoured ones have as well. This onerous by-law was actually suppose to address the issue after it was raised at mediation, however they have chosen only to address the issuance of keys. It seems some do not learn their lesson but in their blind hatred, continue to dig a deeper hole for themselves. I can only hope that some other Owners start to see them as we see them and start to question their behaviour. I live in faith. If you want the background to the Lockable Common Property Areas – you can view my input under Common Property. I thank you for your input. It is most useful and encouraging.

Thank you. I also wonder if they have considered that they may not always be the same Executive Committee…in which case, this onerous By-Law could come back and bite them, particularly if there is a group of Committee members who are quite nasty and decide that NO persons other than those THEY choose to have access and/or keys will have the right to do this so that the owners currently considered favourably, may one day find themselves on the 'outer' and that this By-Law they have introduced will work against them. As this is an over 55's complex, as the current Committee get older or sicker then a younger set will take over and then they may very well find that THEY cannot get access to lockable common property areas that they use to have access too….interesting thought and I bet they have not thought that far!!!!
21/06/2011 at 10:57 am in reply to: Keys to Common Property Enclosures as shown on strata plan #13031Just letting you know our Fair Trade mediation is set for Thursday….thank you for your advice
Just thought I would pass on our experience last night. We do not have access to the common property switch room – only the Executive Chairman has access. I am in a small over 55's strata complex. Our electricity went off and all the 'alarms' started buzzing in the complex around 9pm last night. On inspection, we could smell the burning coming from the switch room situated near the lift, however, the Exec Chairman was not home so no one could open the door. We had to call 000 and the fireman came out, opened the door, smoke billowing out to find fuses had 'melted' and 4 units were affected (including ours) with ours of course being one of the apartments. We then had to phone Sydney Energy who came out so we were back online in 2-3 hours. Cold but ok. What is the moral of the story? Do we need the EC….should we all have keys? (as David said could be an OH&S issue), should someone be given a key if the key holder goes out? I thought that we handled the situation rather well but there are flaws to the process and I am not sure what the answer is.
09/05/2011 at 11:17 am in reply to: Keys to Common Property Enclosures as shown on strata plan #12773Thank you…will do
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