[Tom]

Hey Guys,

Just an update on where things are at. It’s quite a process. We have had our directionals hearing and have a hearing date in November. NCAT referred me to lawyers in Marrickville who gave some input for free. That was very helpful.

It’s not very clear how much evidence you need to gather for these things but a lawyer friend of mine told me to put together a timeline of events that can be referred to which I did. Having clear reasons for seeking the appointment was another and the timeline is there in case you need to show a series of events that link to evidence such as emails within an annexure. The timeline really helped uncover things I had forgotten or had not seen previously.

I really did not want to go this route but it’s just very obvious nothing will get done. One of the owners indicated he will be moving and things will probably get repaired once he leaves. Another owner told me the same and said I should wait before pursuing matters.  I called around and spoke to about 8 managers who do offer compulsory appointments. One of them actually said its something they like to do as it’s quite lucrative. I was quite shocked by that.

The new agent who was signed on said during the EGM he was getting worried and may not be able to represent us if they didn’t seem to be making decisions. It’s very unfortunate. I’m about 30 years younger than most of the owners in this small complex and for the most part seen as a trouble maker as I’m asking for the buildings to be inspected.

They really are completely clueless about their responsibility to each other’s common property. It’s like watching a train about to crash and nobody is trying to stop the train.  We have about $40K in confirmed damage and in two years’ time, we need $20,000 to paint the complex. My ultimate goal is to get everything done so they have no decisions to make.

It’s so incredibly political and completely toxic and logic is completely gone because it has gotten so personal. They do not want to meet and discuss and plan prior to AGM’s & EGM’s and are constantly confused during the meetings because they didn’t prepare in advance.

During the meetings they ask for more quotes and more information and then we wait another 6 months and again nothing is determined. For these reasons and many more, I think compulsory is the only way to go in this case. Just hope the hours I put into this NCAT documentation don’t go to waste.

[Tom]

Thanks. Yes, I’ll try not to focus on the politics and instead on the main issues. Most of the repairs have been deferred and our funds are not where they are supposed to be.

It is scary to venture this way. I have asked twice to meet to plan for the repairs with no response. The fact that strata could make money off of the repairs is a scary thought. I’m hoping it’s possible to limit their power when applying.

Thanks

Chris

 

 

[Tom]

Thanks for your suggestions. I called one of the agents that was suggested.

I didn’t know that the agent needs to inform three months in advance. Will need to look into that thank you.

One of the owners was wrongfully disputing the details of the repair work that was carried out. The agent sent an email with their intention to terminate a day later. They also mentioned that their recommendations were not adhered to.

I found the fact sheet which indicates what to include in my application. Are there any examples online that might help me ensure I provide the right details?  Iym not sure if I need to include emails or if I should include any individual comments that had been made to illustrate their lack of understanding of their responsibilities.

– I was told I should pay half of the cost to replace my garage roof in order to get the votes needed to approve.

– one owner said he will give another owner his vote because he looks after the yard which meant my vote no longer counted

– I was told I already reached my ‘cap’ in repairs and I also made a profit.

– One of the owners had lied for years about her pergola that was added to her villa. She said the owners corporation decided to look after it as she had a da approval. I later found a letter in one of the old books that said otherwise. For years strata was maintaining the pergola.

– one owner said he can’t afford to put in more than 60 dollars extra into levies raised. The other two members vote with him as sympathy for his financial position. They are very reluctant to fix issues.

– two of the owners decided they wanted their roofs fixed / replaced after I mentioned my problem. Then they said they can’t afford to have all our roofs fixed. One of the same owners tenants confirmed to me there were no leaks. I was told I was absurd for listening to a tenant and should listen to the owner.

– they sought to stop my planned repairs after the quote was approved.

Do I include this sort of thing and if so do I need proof through emails etc.

Thanks

[Tom]

Thank you. What they are doing now appears to be an attempt to delay the process. The new motion is that they can choose the quote which contradicts the AGM minutes which let me choose the cheapest of two shortlisted quotes. They also seem to want to make adjustments to the quote such as only replacing my guttering first to see if the problem gets fixed.

I think they will let me fix the roof but under their terms. Im only confident on one of the quotes actually fixing the problem. My worry is that they will stop the work order and choose another repairer who will do unsatisfactory work.

A lawyer friend told me I should probably start the NCAT process as the new motion has already been written.

Does that sound right? He also suggested we fill out a letter of demand.

[Author]

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