[Whoopi]

So in effect Jimmy this Bylaw switches the onus from the Owners Corporation to the individual owner on the starting  up of any NCAT proceedings. This way the the individual owner who has had their levy garnished of the indiscriminate costs  over an alleged breach will then have to take the reins to get their money back. Keeping in mind they use their own money to  fight in NCAT  while the OC has legal defence insurance. Defence being the important word here. So  this will cost the OC nothing but the owner could get burned.

What a wonderful way for lawyers and Strata managers and Owners corporations to make money from this By law.  After some time in the Tribunal myself I see a distinct bias against the individual owner.  I also see a triad of lawyers committees and Strata managers working together, a very hard nut to crack if you are an individual owner. Most  folks wouldn’t know this by law is outrageous they would just accept their lot pardon the pun.

[Whoopi]

HI 

 

 I have just gone through something slightly similar. Be careful not to allow this to escalate emotionally with your SC. Get as much information as you can from your council. There may be records of the changes made to the original design in council records. Going to NCAT is not an easy quick or cheap exercise. Neither are lawyers. Your OC will probably have  legal defence insurance while you will be paying our of your pocket. So I agree with getting legal advice but be proactive find out as much as you can yourself. Make sure the lawyer is Strata Specific. Keep the lines of communication open with your committee, a compromise might be easier than months or years of legal action. Keep a diary of events.

Lady Penelope is right about taking this to court it is very very stressful.

 

 Good luck

[Whoopi]

 Hi Jimmy are you thinking of Sect 108?

[Whoopi]

 I totally agree . Our plan has not had any financials shown to owners since last December on the website. Even though there has been multiple court cases and massive renovations, we have no idea how much is being spent. Committee members are paying themselves huge amounts of money and hold company nominee votes allowing them  to do what ever they want with our money. This is fundamentally wrong and needs change from the top. The assumption  people are doing the right thing allows huge loop holes in the Strata world. We are all waiting for a royal commission into Strata. Transparency and accountability with legal consequences is what is needed.

[Whoopi]

 

I am unsure who would have the liability to pay for a knocked down door in case of emergency, but when it comes down to it, if they need to respond in a life threatening situation, who pays for the door would be least of my concerns!   

 

We have had the ambulance come to our apartment four times in the last six months, there are three fire doors for them to negotiate.  Each time was an emergency. That would end up costing around 12,000 in repairs for a pensioner.

 

 We do make arrangements to keep this person attended as much as possible but there are always times when one needs to be away from the household. Common sense and empathy need to come into play unfortunately not in this case.

[Whoopi]

 Hey guys thanks for the responses. They actually made me smile and were of help to me. Great ideas.

 

 I was wanting to give the code of the key safe to the emergency alarm company for a medical emergency they forward all info as to how to enter a building to the ambos. I was not given this option unfortunately.

 

  It is an issue though and  some buildings are very difficult to get into. I have recently had a nasty experience and have had a family member bleeding out . When time is of the essence every little thing helps.

 

 Cheers

 Here’s to good health

[Whoopi]

What are the legal requirements for emergency services access? I have been told I have to organise and pay for  my own key safe to allow access for emergency services to my apartment. This will include the cost of security air keys as well. Does the building  have any responsibility for this and if ambos or police  come to your apartment and break down the door who pays for the that? NSW.

[Whoopi]

Hi Jimmy 

 

 So are there no laws at all for transparency re costs of common property renovation?

 The committees and Strata manager are not obliged  to be transparent in any way?

 I don’t believe we ever voted on a budget in an AGM

 

 Whoopi

[Whoopi]

 Hi Millie

We are in the same boat. When we ask for information we are given the response you must come in to the office and pay for an hour and then search through the papers.   I believe in this day and age of emails  this rule is obsolete. It was more than likely put in place when snail mail was the only way to communicate. This rule is also punishing the many for the sins of the few . Yes there are people who would take advantage and ring up every second day  for info. But most people don’t do that. The reality of going in and searching paperwork of  a large apartment block is ridiculous.  We have many issues and much paper work it would take someone far more than an hour to work out  where anything is and usually the paper work is in a dishevelled mess!

 Recently our committee made a financial settlement in a dispute with an owner of over $100,00. No minutes recorded this, nor were any owners informed in writing. When I emailed asking for the information and how much did the owners have to pay all up I was refused.

 I also went to the council for information  on a contract my building has with another party through “freedom of information” (ain’t that a contradiction in terms).   Even though I am a member of the owners corporation I was not allowed a copy of the contract as it was only accessible to the secretary of the owners corporation.  Yet when this contract goes pear shaped, as it is about to,  I will be asked to put in for a special levy.  Our committee are just putting their heads in the sand and hoping it will go away. So basically they have access to your money and we have access to nothing!

 We have asked to be included in the mail out and they always say yes of course, then they stop sending  the emails. We have an online access but it is never updated we have not seen any financial information since last year.

 

Things really do need to change, Committees  and managers are working together to keep owners in the dark. VOTE 1 for transparency.

[Whoopi]

 Dear Lady Penelope

 

It was a Strata committee meeting where it was decided upon. 

It was not voted on at an AGM. I do not think we were given a reason I will search back through the minutes for more info.

 

 Thanks 

[Whoopi]

Thank you Jimmy for a wonderful day. I had to leave early but what I gained from the time I was there was a minister who was listening, support from others in the same boat and understanding which, from the bubble of your apartment, the hostility of rogue committees and the indifference of a tribunal, was a welcome change.

I am in the process of putting together a list of suggestions for the minster. 

 Thanks again to OCN and you , it was nice to put a face to the name Jimmy Thompson at last. 

[Whoopi]

We are seeking legal advice.

[Whoopi]

We emailed our strata manager twice over two weeks asking them to distribute the tribunal findings to the owners. He finally declined saying the SC and owners were appealing therefore  any more correspondence on this needed to come through the lawyers ….. Funny how sure he is of the vote to appeal will be passed. That is because the committee have all of the investor votes. so the owners in principle will be voting on appealing without ever having seen or had the opportunity to read the orders.

 The minutes were gold, something like ” The finding for the tribunal has been handed down. It is agreed to appeal the decision.”

They didn’t say they lost, and it is a forgone conclusion that they appeal . I am shocked about the paper EGM.  They should not be allowed to  do that on such an important and expensive issue. The owners should all get together and have a chat. To be honest Jimmy I don’t think the owners care they have Stockholm syndrome.

Honorarium: you should not have one at the next AGM.

We don’t get a say whether we have one or not, if I suggested that I would be howled down and probably dragged out of town with my ankles tied to my horse.

 My only hope is the advice you have already given me and we are waiting for the right moment to go for it. I am feeling very confident about the appeal. I will hang my hat on that and maybe the owners will need to get the wake up call this way.  I truly appreciate all of the advice but we are stitched up here. We pray that the tribunal and the appeal falls our way. I honestly can’t see how it can’t.

[Whoopi]

I agree Jimmy T with your advice about the media and TV a reason why we have not gone down that road.

 

  The website is a great idea…. no email addresses, but letterbox drop will gather some people.

 Honorariums are usually retrospective he has been getting it for so many years no one knows.

 

 Thanks Jimmy T  I’m on to it all

[Whoopi]

Thanks so much Lady Penelope thought as much.

[Author]

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