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I thought this was going to be about SM or anyone actually checking that the work is done.
Paying any invoice is too good a deal to be missed – are people taking advantage of this amazing offer?
In the past I would have thought it to be very strange. However, i was told that there was no itemized quote or itemized invoice for a particular job “because it was not in our agreement with the contractor”.
In Victoria, I have an example of a strange case where the insurance company paid out quite a large some of money to the owner of the apartment whose washing machine cable had burst and damaged their own contents apartment.
The claim was made against the buildings strata insurance. The strata ended up paying only the excess.
Apparently this was done because the owner did not have contents insurance and possibly because it compromised the building slab.Do you have a committee?
Does BMC have a policy about “transparency” – the new buzzword in strata?
Which state are you in?I wonder will there be discussion of the one-sided Contract of Appointment used by the SCA.
It’s a great outcome for you. Did your insurance indicate why/how they decided this?
It is wrong that there are no repercussions for giving the wrong advice or directions. The owner has already been penalized, especially if they have forked out money they did not need to. Did the Strata Committee act on their own or on the advice of the Strata Manager? Surely as a professional Strata Manager, you can’t just say “oops” and all is forgotten.
At the last AGM, the question of parking on common property came up again. This time however there was a disclaimer at the beginning of the AGM Minutes:
“Where this document refers to an Owners Corporation (OC), it can be taken to refer to an
Australian Company (ACN) for Stratum and Company Title Properties”. (My italics)The Carparking under General Business then says:
There is no parking on common property unless permission is granted by the service company. 8
out of 24 owners do not have a car park on title, owners can approach council for a booklet to park
in the street.This was in response to the Minutes -however, will probably be ignored:
This cannot be decided at an AGM. The Service Agreement of 55 Haines Street, “runs for the term
of 999 years”
Eight Owners had until this AGM consent to park on common property, the denial to park on
common property should lead to arbitration as discussed in the Service Agreement – Clause 9
… “to be followed if the Board of Directors’ consent is required and the Owner
believes it is unreasonably or unnecessarily withheld or refused.”I did have to type out the photocopied Service Agreement so that I could get to relevant points quickly!
JimmyT wrote:
“The committee issued a statement that we (the owners) had won the case. The people who viewed the papers said that wasn’t true. We’d lost but there was no way of proving that as they weren’t allowed to copy the papers.”
How is this possible – it is rewarding lies. So not only is the Committee lying to the owners, but the legal process is rewarding the lying committee and … nothing happens.
Is this evidence of a dodgy deal or the opposite of “best practice “?
Q. May I have copies of final invoices and itemised costs for the OC to repair the roof above Unit X?
A. Copies of invoices can be provided, although itemised costs may not be shown. This wasn’t a requirement the Service Company made in the agreement with the contractor.Q. May I see the Insurer’s report?A. The manager is not aware of an assessor’s report.<u></u><u></u>I think this is equally as dodgy: A Contract of Appointment is signed before the AGM – with no notice that it has been placed on the portal and it is not given as part of the AGM agenda paperwork.
I think a problem with all of these disputes is that an owner believes that the SM knows the answers and is there to help. You then find out otherwise!
It is indeed a trifecta. In my case I had to find the Memorandum of Association. 51 pages but as an image – so in the process of getting it typed out.
The name of the Act you need to look at is:
Company Titles(Home Units) Act 2013. No. 19 of 2013 (not sure what that refers to), Authorised Version incorporating amendment as at 1 December 2014Also if you have a Contract of Appointment – the SM “takes direction from the Chairperson” – so not sure where that leaves you.
We have never converted from Company title, I am also in Victoria. 8 out of 24 Lots do not have carparks on title. However i think the service agreement says something to the effect of – You cannot park on common property except with the permission of the Service Company. We have enough common area that it has never been an issue before but at the last AGM, under General Business the Chairperson commented that there should not be the right to park unless it was on title. How does converting to Strata Title help?
Conversion to strata title had been considered but it didn’t gain much traction.