[Millie]

And this leaves the field wide open for those engaged in short-term lets.  No recording = no checks on length/type of stay (one night upwards), and by-laws don’t ever get a look in.

[Millie]

Not quite sure if I understand…  

At our AGM – 166 Lots – there were 17 attendees, Chairman/Strata Manager had a further 30 proxies = 46.  

Chairman and his crew got 41 of the 47 votes so they have full control of the EC.  

No mention of who held what proxies prior to the vote for EC Members and no one asked to accept proxies.  

Is this kosher?

[Millie]

Hi Jimmy T

Impressive! But why bother with high-tech when low-tech will do?

Our Caretaker, who runs short-term lets on 40+ apartments, simply sends a good old word document via email/fax which gives ‘bookers’ booking on-line for the night’s stay a code for the front door, a code for a small ‘self-check-in’ safe containing keys and security swipes for the lifts and residential floors and apartments – it’s as simple and old-fashioned as “Open Sesame!”

The security in our so-called secure building is a joke, care of the caretaker taking care of business (his).  

His care factor is zero.

[Millie]

@JimmyT said:
You have answered your own question in another post (you cut and pasted the web page address and used it as a title, so the post is no longer accessible) and that is to apply for the statutory appointment of a strata manager on the grounds that the building is not being managed for the benefit of the majority of owners, the EC is seriously dysfunctional and the building manager can’t be trusted.

To get the CTTT to agree to statutory appointment, you have to have a strata manager who will agree to take over the role.  In your other question you asked if you could provide a shortlist of possible managers.  The simple answer is, if they have all agreed to run the place if appointed, I can’t see why not.  However, it would be much easier to get one good strata manger with an exemplary reputation who is prepared to help you before and after the CTTT application.

In cases like yours, some buildings have had their existing strata manager appointed, when they can show that they were trying to do the right thing but were prevented from doing their job by a corrupt caretaker/building manager and a compliant EC.

I think I’ve stuck a problem…I haven’t fully explained:  

We do have a strata manager, who is colluding with the Caretaker and the new Executive Committee.  

We have Mediation/Adjudication scheduled.  What are the order of steps we can ask an Adjudicator to take:

Can an Adjudicator Terminate the Caretaker’s Agreement if he/she finds it unjust and/or finds the Caretaker is acting improperly?

Can an Adjudicator Terminate the Strata Manager’s Agreement if he/she finds it unjust and/or finds the SM is acting improperly?

Can an Adjudicator call for an Extraordinary General Meeting so we can attempt to vote out the current EC?

Thanks again

[Millie]

JimmyT said

It’s time your building had a good hard look at this person who is probably also breaching council by-laws. I hope our friends from ARAMA (the Australian Residential Managers body) are reading this because they would tell you that caretakers never do this kind of thing when we know some are rorting owners left right and centre.

Thanks JimmyT.  I just had a look at ARAMA’s NSW website.  One of the featured buildings photographed on their homepage is the headquarters of the same caretaker!  When can one believe there’ll be some justice in this world?

[Millie]

@scotlandx said:
Whale is right – but it may be that the former Chair was not properly nominated for election to the Committee, based on what you have said.

Giving a proxy and nominating someone for the Committee are two separate things, if only a proxy to vote was given then there was no valid nomination.  A proxy only allows someone to vote on matters at the AGM, not to nominate for the EC.  It’s a common misunderstanding that a proxy can also be used to nominate.

As Whale has said, the minutes should say who gave the proxy, that is standard.  If the strata manager won’t give you those details you may have to put more pressure on him/her.  You need to ask both for the proxy and the written nomination, presuming the nominating owner wasn’t at the meeting.

Thanks folks.  AGM held 20 November.  Still no sign of the Minutes.  Will check when they’re received.  

Cheers

[Millie]

It’s just happened to us.  Symbiotic relationship between Caretaker/Chairman/Strata Manager and they’ve all profitted enormously for 15 years. They’ve been under close scrutiny from a group of EC Members (one rectification bill presented to us for immediate payment – $440,000+ – we smelt a rat…action required = $Nil.  And now we’ve been thrown off the Committee?  I think I’ve heard the word ‘kickbacks’ mentioned somewhere?  We’re now being ‘grooomed’ for an $880,000+ GST repair…

Those who’ve spoken out and questioned them and those who’ve requested Mediation at Fair Trading have all been ousted last week in an exercise in ‘proxy farming’.  The new EC is 100% stacked with supporters of the Gang.   Most Lot Owners haven’t a clue what’s going on:  topics are surpressed, constant stonewalling when it comes to correspondence, minutes of meetings are manipulated etc.  Other Lot Owners have simply given up – it’s ‘too hard’.  In fact it’s close to impossible.  But what they’re doing is right.  The fight goes on.  

[Author]

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