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You are a legend Truleconcerned. I will do just that. This kind of bullying by strata managers would not be allowed anywhere else. This is not a case of the sm not doing the oc’s bidding. I am the oc and communicated to them what I wanted. They declined. Thanks.
Fascinating replies on the forum. I, too, am in the same boat having a SM change the outcome of an AGM Motion to Penalise on Late Levies from defeated to resolved. There are three equal lot owners and I, together with the strata manager, was the only one at the AGM meeting. An email to the sm (class 2) stating the mistake and requesting change was replied with “No, I don’t have to.” Do I have to wait a year to get the AGM minutes approved? I was hoping Fair Trading would tell sm that they found them to be “non compliant” with the relevant legislation (Strata Schemes Management Act 2015 Schedule 2 part 3 (17) since they wrote to me stating “The role of NSW Fair Trading is to provide information about strata legislation, regulate the conduct of strata managing agents, and offer a mediation service to assist in resolving disputes.” But as others said, they gave me some soft wording and nothing was done. I sent them all the evidence. A complaint for Breach of Conduct in the PSA Regulations requires you to state if you have complained to another venue. If you are a class 2, you can be penalised. I will try this next. Otherwise, I may have to go to theSTRATA SCHEMES MANAGEMENT ACT 2015 – SECT 24
“Order invalidating resolution of owners corporation”I don’t understand how renovating inside requires approval unless the waterproofing involves some kind of common property.
Then why do strata managers have to buy professional indemnity insurance?
Could you provide the name of the case that deals with the definition of unreasonable?
On 1 January 2013 a new Regulation commenced in NSW requiring licensees engaged in qualifying activities under the Property Stock and Business Agents Act 2002 (NSW) (PSBAA), including strata managers, to hold professional indemnity (PI) insurance.
Maybe you can consider an indemnity claim? CHU has an excellent fact sheet on the new Regulation at:
https://www.chu.com.au/strata-news/2013/03/the-new-mandatory-professional-indemnity-regulation
I agree you must go through the hard yards before considering any legal action. This is almost always a requirement in any process of complaint, legal or otherwise. My view is that the principle of fairness is not just a legal one. We all have experienced problems with communication within our individual owners corporation. We all get frustrated at the rate problems are resolved, if they are resolved at all. We know that there can be many presumptions afoot when attempting to negotiate with the OC. I am not the moderator on this forum. I do not know the history of Matt nor do I know Matt. I only know, as a healthcare professional, the details that Matt provides as to his condition are real. Additionally, not everyone has great negotiation skills and they look to this forum for a variety of reasons. I find that the NSW NCAT service of mediation is a good one. Unfortunately, the opposing parties do not have to partake in that service. Again, as Missy has stated, if and when this happens, this will give more weight to your claim.
It is unfair to consider someone’s past history in a present legal question. An Example: you cannot consider a woman’s past sexual history on an allegation of rape. Since we share experiences, I acquired Pseudomonas aeruginosa from swimming in the body corporate pool. I notified our body corporate high profile insurer, who assigned a lawyer to investigate. The lawyer did not require a statement of facts from me or my witnesses, nor the sworn pics of the condition, nor the medical report. He simply stated if I was successful, I would not meet the minimum compensation amount so the matter was over. I reported this to the Insurance Commission who required the insurer to look into the matter. They did. The insurer informed the commission that an in-house investigation was had and statements taken, and that they, the insurer, were not liable. I informed the commission that the investigation had no integrity if the victim and the victim’s evidence was not considered (because it was not asked for), but the commission then said although they look into Strata insurance matters, they considered this a personal liability issue and that is beyond the scope of their jurisdiction. The pool was maintained by a friend of the executive who was licensed, but not as competent as I would like because he did this job on the side from his regular job. Unfortunately, our executive was not indemnified. We have corrected this.
OverIt said
The reason I say situations change, you might want to sell and need clean books, or the other owner sells, and you have a period with the new owners that works.
How do you get clean books?
I wish there was more conversation about this.
There is nothing stopping you from writing your own version of the events of a meeting. My EC tampers with the integrity of the our strata minutes and I have made my own transcript of the events contemporaneously and have had them put in the record. Additionally, if safety is an issue, you can institute your own repairs on your lot and submit the invoice for payment or pay it yourself and get reimbursement – only after you have made several requests to the EC and they have failed. Then you can take the EC to the tribunal if they don’t pay you. It only costs $5.00 to lodge an application if you are a student or a pensioner.
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comment@flatchat.com.au Well, I tried this twice and I want to know who I can send my suggested Q&A questions to.
@OverIt said:
Kangaroo, I am more than aware that the strata manager works for the OC not me.Yes enough already, the OFT has given me options. Thanks for those who tried to assist.
All SM are required to have professional indemnity insurance as at the beginning of Jan 2013. I would ask him who is insurer is and take it from there.