[Panamenke]

Thanks everyone for the advice.

I am in NSW Sir Humphrey so will check the legislation for NSW.

Since my accident I have spent a lot of time at home so have been here when various Tradies have been around the complex (it’s a townhouse complex). I saw one gum tree removed (it had died) and since it was quite large probably cost a bit to remove but I think $12000 is excessive. I based this on me getting 6 trees removed from my lot at a cost of just under $2400. One tree was a gum tree. It was dropping branches and annoying my neighbour so I contacted the council to see if I could have approval to have it extensively pruned and lo and behold they told me I could remove it along with a Grevillea that was in bad shape. I had a dead tree and 3 Oleanders that were blocking my patio. I was pleasantly surprised when I got the approval from the council to remove the trees, especially the gum tree. My neighbour was ecstatic too! I got a few quotes from Arborists and one removed all 6 trees, roots and removed the rubbish for just under $2400 so the $12000 seems excessive to me hence me wanting a breakdown so I can check if other trees were removed. I saw some had been trimmed but can’t see how $12000 could be charged.

The plumbing is the same – I know of one plumbing problem and since it was in my townhouse I know it was not a major problem so looking for a breakdown.

The owner of the lot who is constantly behind with levies continually nominates herself for the SC and gets on to the Committee. Our previous Agent sent out complete breakdowns of the expenses i.e. date and lot where the repair was done and also sent out a list of proposed levies and current outstanding levies. One owner was substantially behind in her payments but she was seriously ill in hospital so definitely needed compassion in her situation but then again, she wasn’t nominating herself for the SC!

Thanks again everyone for the information – it helps me a lot.

[Panamenke]

Thanks Jimmy for your reply.

 I did check with OFT mediation services if mediation was worthwhile since the committee ended up approving the work and their advice was to continue with the mediation. As I said, there is a history here with getting the Strata Committee to approve work orders and it has taken over 3 years on average to get work approved. The bathroom and laundry is still a problem since the company contracted to do the work did a shoddy job. There are gaps in the grouting, they put the shower screen back to front and damaged the runners, the laundry ceiling has obvious marks and bumps where the joins are (they were supposed to replace the whole ceiling and didn’t), and the list goes on.

thanks Jimmy, for your sage advice.

[Panamenke]

Thanks everyone for the input.  The concerns that I have with ‘General Business’ listed as an agenda item is that our EC have actually approved motions under General Business that were not specified on the Agenda.  E,G. at one EC meeting a committee member asked the Secretary if she could make alterations to her fence.  The secretary gave her the ‘nod and wink’ and the owner made alterations to the fence.  The owner of the other side of the fence was not happy with the alterations since they were not in line with the rest of the complex and her fence bordered 4 other properties plus common property hence one part of her fence now looks different to the rest of the fence because of the alterations made by this owner.  When the disgruntled owner questioned why this was approved without any consultation or minuted in the EC Meeting minutes she was told “General Business does not have to be recorded”.  This is obviously inaccurate but my concerns are that something was approved by a ‘nod and a wink’, there was nothing on the Agenda or Minutes to say it had been discussed and the owner who is stuck with one part of her fence looking out of place is having to fight this and is being told it was “approved by the Committee under General Business and doesn’t have to be recorded”.

This is the example I provided at the Training Course and the Facilitator stated General Business should be avoided as an Agenda item for this reason – it is too vague and since General Business is generally listed as the last item on the Agenda anything discussed cannot be approved since it has not been specifically listed.  The facilitator said it would have been better for the Committee Member to send a request for the alteration to the Secretary.  The Secretary should have listed this as an Agenda Item and if approved then minuted as having been approved and any conditions applicable.  

The last EC meeting had 5 items discussed and approved under “General Business” and I have major concerns about the transparency of this.

[Panamenke]

Hi Whale

Well, it was “interesting” to say the least!

Another owner and I attended the SM Office and took along all the proxies that had been given to us.  The SM works from home and her staff work in a converted garage.  We entered the office/garage and one of the young ladies showed us in to the dining room so in essence we were in the “private residence”.  We sat there for a few minutes and the SM came in and said “so you have some proxies for me”.  My colleague handed over the proxies and she said “thank you, I will send you an email this afternoon with the result”.  I asked “aren’t we having a teleconference with the Secretary?” she replied “no, I made this quite clear it was a ‘paper’ meeting”.  My colleague started to ask a question and she shut him up by saying again “it is a paper meeting and that was made clear on the agenda.”  I then said “I haven’t completed a proxy form because I am physically here to vote.”  She asked me how I would be voting and I said “exactly the same as the owners who have given us their proxy.”  She then told us to leave.  My colleague tried to speak i.e. give his vote and she got upset and said “I want you to leave now.”  I said “I thought we could attend the meeting and the secretary would telephone in”  she insisted we leave and since we were in her home I said to my colleague “we should go” and we left.

The minutes arrived yesterday and true to form they were wrong!  She listed the first item as “deferred” and items 2 and 3 “defeated”.  She noted that I had given my proxy to my colleague which is inaccurate because I was present and voted accordingly.  She also noted my colleague had given his proxy to himself!!!

Another strange comment she made was she said to the other owner and me “I wish you both peace”.  I bit my tongue because all I wanted was an agent who had integrity and was professional – she had neither

Now on to the task of meeting the agents who provided their tenders and getting someone who knows the Strata Laws and has integrity

Thanks Whale for your sound advice.

[Panamenke]

Thanks Whale

Just another quick question – on top of the meeting notice it says “meeting to be held by Proxy” – surely this cannot be legal under Strata Laws???

In essence the Proxy form has the name of the Secretary on it as being the one the proxy goes to, she will telephone the agent and the meeting is being held by proxy!!!!  I have been given proxies by some owners and total 9 votes.  Two owners will not be able to vote due to outstanding levies not paid.  I think the secretary will have 6 votes and there will be 6 ‘unsures’.  I have approached 3 of the “unsures” so waiting to hear from them and the other 3 I really have no idea how they will vote. 

The agent works from home so I intend to go there with the proxy forms if I have enough (which I think I will have) but am totally confused about the telephone meeting and the term “meeting to be held by Proxy”.  Can someone enlighten me???

[Panamenke]

Thanks everyone for your input.  This forum is a wonderful place to learn!

I contacted the Office of Fair Trading today who advised not to cancel the meeting but to attend and put forward a vote to have another EGM to discuss the Special Levy.  They also recommended to get as many owners as possible to vote against this motion and table it in the next EGM.  They confirmed that anything can be discussed at the meeting but only Agenda Items can be voted upon.  Also, the Secretary did not have a proxy nor did anyone nominate her for the committee who had not nominated themselves – she was nominated by 3 others on the committee so this was invalid.  All I want is to have an Agent I can trust and an EC that I can trust!  Is that too big an ask??

[Panamenke]

Sorry Jimmy, I don’t think I made myself clear on this.

An EGM was discussed and agreed to by the EC with the proposed agenda to cover a special levy and also appointing a new managing agent.  We still have the existing managing agent pending calling for tenders and giving the current agent notice.

The current agent has been notified by the Secretary (the one who is not an owner and did not have a proxy at the AGM so in essence was appointed without due process).  The Agent sent out an agenda stating one item – to appoint her as the Managing Agent under the terms of her new Company.  The Proxy form states that if a proxy is given to another person the motion to be passed is to appoint < > Agency as the Managing Agent.

I would like to cancel this meeting since my view is she should be given notice and the owners then decide from the various tenders who to appoint as the new agent.  I have contacted your sponsor J.  Also, the issue of a special levy is to be discussed but since this is not an agenda item I am assuming it cannot be discussed as “general business”.

One last thing, some members of the EC – the pseudo secretary and a member have approved works to be done without any reference to the Committee.  One was for a committee member whose garage had damage – she approached the Secretary and the work was approved and actioned within 4 days – it was not an emergency.  The other was a committee member who called out a tradesperson to fix the TV aerial – this was an ‘after hours’ callout and the committee member approved the work for himself.  Illegal???? Do you agree?  There is nothing documented from what I can find that states Committee Members can approve work up to an amount.  Your thoughts and comments please?

[Author]

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