[sunjoy1001]

Hi – here I am updating with a positive outcome.

I took your advice and contacted the real estate agent.  She was very pro-active about following this up.  She seemed well up on the legilslation (concurring with what you posted here) and followed up with the strata.

They agreed to give me (specifically) the deposit back but I assume the probably pocketed a few dollars from other people.

 

Thank you for your advice.

[sunjoy1001]

Thanks again guys.  I will speak to the landlady/agent.  If they can’t/wont help I will pursue it and let you know the outcome.

[sunjoy1001]

Thanks Scotlandx for your opinion and advice. 

I spoke to Fair Trading – the advice from them didn’t seem quite so sound (maybe I am biased as it did not strengthen my positionJ).  They advised me that changing the terms of a key deposit scheme is enacted by amending the by law.  Proposals to amend bylaws needs to be posted on an AGM agenda and then voted in at the AGM.  Once the vote is through the EC then needs to register the change of by law at the land registry. 

Does this seem like sound advice to you?  It seems to give all EC’s carte blanch to build a feifdom…

Regardless of the above, I am taking the punt that the EC did not carry out the above steps and will still pursue the matter.

[sunjoy1001]

@kiwipaul said:
They should supply you with replacement keys on a 1 for one basis so long as all your old keys were supplied by the Strata and you paid for them.

Or refund you the $50 for any keys you hand in over the 2 they are supplying as replacements.

Hi KiwiPaul. I completely agree but they wont do either…is there any avenue I can pursue to force them into honouring the key *trust* deposits… The Strata is stating that the owners took a vote on it so that make’s it ok.

I have sent the EC a letter asking why give a trust receipt if you wont return the money.  I dont think they are going to respond.

[sunjoy1001]

@FlatChatFan said:
Have they charged you an additional key deposit on top of what you paid for the other keys?  If so, that does not seem fair.

I can understand that if there are security problems, and maybe too many of the old keys in use that they would want to change quickly.

They allocated the flat 2 free keys.  If I wanted any additional keys the rules are $50 for the first key and $150 for any additional (dont get me started on this…) They will not give me ant credit/refund for the 2 additional keys on the original system I had for which I paid $100 to a trust deposit fund.

 

I have no issue with the speed of their action.  I mentioned this only as I wondered if their were any laws governing their actions..eg do they have to post their intenton visibly for a set amount of time.  Does a security key scheme only get actioned via a by law and therefore refusal to refund deposits constitute a change…etc etc

[Author]

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