[Patch]

Hi all,

Thankyou for the sound advice , I have read the defamation case payout $120,000 on FLAT CHAT.

I have been very careful to keep all personal opinions  to myself and just confront the committee with facts and questions in all correspondence. It was difficult at AGM 18 when I asked questions and was faced with a committee member who yelled  , intimidated and physically stood over me . I’m want to avoid being  the brunt of more behaviour, so  decided NCAT is only way for lot owners to address the issues . The advice of Flame  Tree – “don’t run too far in front of others”  is good tip so I am advising other owners who are also unhappy with changes to document their issues and request answers from committee / strata manager as I did .

I am  now concentrating my efforts on gathering valid evidence ( I filed for Mediation) and then request NCAT to request the valid documented evidence from the OC .With no valid Minutes /Correspondence to owners or any EGM minutes authorising changes to common property or  approving expenses , it will make Exec committee ( ie the  1 or 2 individual lot owners ) actions finally accountable. The removal of those individuals is desired outcome as it will clear the way for new EC members who want to fix the past. Agree with advice to have a back up “committee” ready to step up .

This is a great Forum so thanks for input. I will update you on outcome of NCAT when I finally get there , but I may need some more advice along the way…..?

[Patch]

Thank you to  Jimmy-T and others,

I think from the feedback that I have to bundle all issues into one big NCAT ?  And maybe work in background to also inform owners about whats going on. ( social media, email…etc ) .

I like the Council Development Application angle in regard to  car park spots and I will  make enquiries with council.

I sent a  letter to committee about 4-6  weeks ago and I have received NO reply  in regards to parking spaces and other common property changes .  However  I was  told today by a live in owner that several tradespersons were suddenly onsite again today and now grinding committee members unit numbers off the car parking spots , thus removing the unit numbers ( more OC expenditure to cover up )  but the locked bollards and spaces still obstruct common property, but no one actually knows who holds the Keys to bollards and car spaces ?  …. probably same lot owners ? Who can find out given the current amount of secrecy ?

Financial records show the bollards were actually paid for by the OC  funds so ” the committee ” or lot owners are again changing common property with OC funds … So someone knows who has keys to bollards and they are changing common property (unauthorised) again? Hard to find out ? I can only link these changes  to my letter  to the committee for explanation  for numbered spots.

Whats  difficult is when individual lot owners appear to act behind cover of  ” the committee” but really undertake  duties, make decisions and spend money as individual lot owners and appear self serving.

I really like the idea the ‘ individual lot owners’  that are  hiding in key roles and  titles as  “Strata committee members”   can perhaps be made individually accountable at NCAT for the decisions and liable for unauthorised expenditure  ? Especially if have not complied with Act and had a prior  special resolution to do so.

I would still appreciate any ideas in future.

[Patch]

Thanks Jimmy – T and Flame Tree,

More than a bit rude..$68,000 of rude. Owners are frustrated and obviously don’t want more OC expenditure at getting common property restored, removing committee  but it’s difficult as it will cost OC money. I like the bolt cutter idea. Trouble is parking is under clothes lines.

Jimmy-T , I was interested in Section 24 of the Act you mentioned. How can an errant committee member/s be forced to pay for restoration of common property. Can Tribunal rule for that ?

There is  obviously concern by lot owners challenging these same committee members , that they will use OC money  Section 103 “emergency legal funds” to defend decisions, turf and their Power ?

I am told the Committee are currently  spending lots of $$$ on another separate NCAT lot owner common property repair matter vs OC ( I’m informed likely SC to lose the case ) that the OC have not even been informed of , let alone have had any meeting or resolution.  So the Committee don’t have a resolution to spend money on legal fees but are anyway. Thus another case , more $$.  Therefore Committee have a big pot of OC funds and are not afraid to write cheques.

Any suggestions in the preventing or recouping mis-spent funds ?

 

[Patch]

Thankyou Jimmy-T, certainly food for thought.

I think NCAT ( via mediation) is only solution as there are never committee meetings or correspondence from Committee. I inspected Strata Records and there were no such documents on file. The original strata plan and building plans show it is common property space. Unfortunately the Strata Manager also keeps information like a vault and also never responds. I think 2 years is limit on when we try to repeal it by resolution which is Oct 2019.

At AGM 2018 Myself and other lot owners pointed out  that the By-law could also be misinterpreted as it is written with the section

,an amount equal to the amount of levies raised each year,

and in legal terms the comma could mean that owner of Lot AA might may claim ALL the levies collected for the block. Leaving us all financially vulnerable.

This was dismissed by the owner lot AA and he said something of the effect ” you know I would never do that” but Lot owners raised concerns  about what about the future owners ?  Anything is possible ? The Sec/Treas had no answers nor did committee and immediately shut down the discussion. The committee refused to consider to remove , repeal or legally review the By law . Lot owners met afterwards and expressed concern but unable to get an EGM to discuss or put forward a motion.

Thanks for your input it has been helpful, I will discuss with fellow lot owners our next move.

 

[Patch]

Thank you Jimmy -T for your prompt response ,

I have previously wrote a polite request to the OC or strata committee prior to AGM 2018 and requested detailed information Special by-law 1 “compensation ” to be provided before or at AGM 18. …As you suggested above. Unfortunately as the recipient of my correspondence was the secretary / treasurer ( owner lot AA) the committee has never responded  to correspondence prior to or at AGM 2018 . In fact the EC has never tabled my letter in correspondence or responded to date.

The EC committee has never recorded or distributed Agenda or  Minutes to Lot owners in about 5 years . Having no other option I wrote an open letter to lot owners prior to AGM 18 to inform owners to discuss Sp By-law 1 ” Lot AA compensation “at AGM .However unfortunately any lot owner that asked  questions was intimidated and yelled at by the sec/treas ( owner AA and auditor) and he caused the the entire AGM 18 to be brought to commotion and an abrupt close with no answers. The Strata Manager was present but ineffective.The sec/treasurer said it was “his private business and no business of lot owners” . I know several owners who questioned By law 1 back in 2017 were informed in that it was a new pump room and it had to be installed in Lot AA ie recently…. which has is factually untrue, and pump room is on common property.  At 2018 the owner lot AA again repeated it was a recent addition to his property .

There are many problems uncovered by my strata records search . The ‘ committee member/owner who proposed the by law as owner lot AA and committee member 2017 was NOT in fact the owner Lot AA in 2017 and did not have proxy from actual recorded owner lot AA . He was a Tennant in 2017. In fact he self nominated as an owner of lot AA since 2014 but only became owner March 2018.

In theory Lot owners have rights to request information but in the real world the committee will never respond or address an issue if they have what might  be  perceived as a conflict of interest.How do you establish who owns the pump room ? And who decided on the level of compensation ?

What part of the SSMA Act section 148 0r 150 to ask for decision   Is it a common property by law ? thus should have has signature of each owner paying compensation ? Or is it just unjust 150 ?

 

[Author]

Replies