[nyonyakay]

A neighbour once placed One Red Brick on the windscreen of a car which was habitually parked in her space.  She did not leave a note.  Just carefully placed that One Red Brick on the front windscreen.

She didn’t have an issue with that car ever again.

[nyonyakay]

I know this is an old topic, but it is very “live” for me in NSW currently.  In 2013, our Strata Manager, Building Manager and ExCo ignored expert professional advice, and agreed to engage an unlicensed contractor to do almost $20K of common property work.  This unlicensed contractor had no qualifications to do the job detailed by the expert’s report.  Now of course, there are issues with the work that has been done – there was no contract, and no warranties.

All of them have shrugged their shoulders and pretty much gone, so what, you’re a real troublemaker, we followed the instructions of the (unlicensed) contractor who followed the specifications of the expert engineer.

Naturally, I am now seeking consequences, as $20K is not a paltry sum to throw away and ask owners to dip into their pockets to replace. I get the negligence part of it, but my question now is about Section 5 of the Home Building Act, 1989.

5 Seeking work by or for unlicensed person

 

(1) An individual, a member of a partnership, an officer of a corporation or a corporation must not represent that the individual, partnership or corporation is prepared to do:

(a) any residential building work, or

(b) any specialist work,

if the individual, partnership or corporation is not the holder of a contractor licence authorising its holder to contract to do that work.

(2) A person must not represent that an individual, partnership or corporation is prepared to do:

(a) any residential building work, or

(b) any specialist work,

if the person knows that the individual, partnership or corporation is not the holder of a contractor licence authorising its holder to contract to do that work.

Q1.  Do these definitions include the Strata and Building Managers, who must have known that the guy was not fit to do the job?

Q2.  The job was completed in the second half of 2013.  Did Section 5 exist back then in its current form?

Many thanks.

[nyonyakay]

Thank you so much, DaveB, PeterC and JimmyT!

[nyonyakay]

I hear you, Whale.

But it is less about pursuing those unlicensed contractors ( I couldn’t care less about them now they are gone) and more about building a case for the censure and/or dismissal of our Building Manager.  He actively collects proxies for the Chair, telling people who they should vote for or why.  For the confused pensioners in our building, he asks them to just sign a blank proxy over to him.

Recently, he has been arrogant enough to approach an owner who is friendly to me, to offer him the position of Chair of the Exco at the next AGM!

[nyonyakay]

Their paperwork had no licence numbers and no ‘phone numbers, only an ABN.  The mobile phone numbers of the two dodgy contractors have since been disconnected. 

The Master Builders Association of NSW has never heard of them, and advised none of their members would ever have done such a dodgy unwarrantable partial waterproofing job.

I have forwarded the case, including invoices, to the Department of Fair Trading, and they have been sufficiently piqued to sic their compliance team on to them.

Those guys also provided 24/7 private security services for our building for a week or so.  They do not appear to be licensed to provide security services either.  I have provided the details to the NSW Police Security Licensing & Enforcement Directorate.

[nyonyakay]

Thank you.

[nyonyakay]

From my S108 search of my strata building earlier this week:

Admin Fund $55,000

Sinking Fund -$4,500

We have 4 months of our financial year left.  I am ploughing through records trying to understand.

[nyonyakay]

I will make sure everybody’s budgie smugglers are safe!

Thanks everyone!

[nyonyakay]

Thanks, Jimmy. I was admitted yesterday with no dramas.

[nyonyakay]

Jimmy, I loved this thread!

[nyonyakay]

On the topic of who can attend ExCo meetings, one of our ExCo members is actually a Non-Resident, and a Non-Owner!  Don’t ask, it was a politically motivated appointment that is allowed under the NSW Strata law, and was enabled by proxy farming.

Now, if the law only allows Owners to attend EC meetings, how does this work for the Non-Owner and Non-resident EC member?

It is a sore point in our building!

Can some experts please shed light on this matter?

[nyonyakay]

Goody, I just found this a minute ago from https://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Strata_schemes/The_owners_corporation/Responsibilities_of_the_owners_corporation.page

“The OC must keep the following information for at least five years:

• details of motions passed
• copies of all correspondence received and sent
• notices of owners corporation and executive committee meetings.

Proxies given to the owners corporation must be kept for at least 5 years after the proxy expires.

But can you please explain “Proxy forms are different as they are “live” for a year or for two General Meetings so would have to be retained for at least that period.” Basically what does “live” mean?

What law is that under?

Thanks.

[nyonyakay]

Many thanks for that.

I have just found the following information in a document from our Strata Plan (SP) records.  The “unit owner” mentioned below is an EC office bearer, and instructed lawyers to act in the matter for our SP.  I want access to those emails mentioned. Can they claim legal professional privilege to withhold that information from me? If not, what is the best Strata schemes section that I can use to get this information.

• Perusal of documents from client; preparing email to “unit owner”; perusal of responses and enclosures from “unit owner” and preparing a response to “unit owner” regarding the matter
• Perusal of documents from “unit owner” regard SP XXXXX
• Drafting response and written submissions; preparation of annexures to response; telephone attendance on strata management agent; email to strata managing agent enclosing response; email to strata management agent reporting
• Perusal of further emails from “unit owner” and telephone call from “unit owner” regarding the matter
• Perusal of advice and various conversations with “unit owner”
• Preparing email to “unit owner” regarding the matter

[nyonyakay]

Couldn’t find a way to edit my previous post. “how much detail viewers can see……” I know we get the occasional nude swimmer late at night – so if they propose to put a HD camera which shows the swimmer’s face and body bits clearly, is this a legal no no?

[nyonyakay]

WOWWWw tks for the super quick reply

This obligation to put up warnng signs and “detail viewers can see” – is it Strata Schemes Management Act, or privacy laws?

Thanks so much. The EGM to vote on this is tomorrow evening at 6pm.

[Author]

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