[Whoopi]

 Sorry one more question . What about carpark lots ?

[Whoopi]

 Hi everyone

So, my committee use investors’ votes to win every thing on the agenda.  The secretary used to hold all of them now he has spread them around the committee. Some of the committee are holding proxies and have also been named company nominees  holding unlimited votes for investors that have multiple lots.This is the first time they have ever held these positions since the laws changed. Is this legal? or is this a loophole?

 

 Thanks for any advice

[Whoopi]

Thank you so much  for the advice as none of it is happening in my building.

  I can move forward with this information understanding what I am talking about.

really appreciate this forum 

 thanks Jimmy

[Whoopi]

Thank you everyone for your input. I do agree there are those of you who are not in the roles of Committee members for the wrong reasons. That you approach your responsibilities with diplomacy and humility with the  agenda to serve and not rule. I commend those of you who do that for your owners.

Again I am not seeking to criticise those who are doing the right thing but finding an easier way to get some justice for those who don’t.

Bless you, if you are one of the good guys. But the fact remains the system which is the core of my complaint is broken for those of us who are not lucky enough to have the good guys working for us.

 It was comforting to hear your stories JT and Sir Humphrey I am taking all of your advice and marching forward . 

 I do love where I live and  hope that my family and I will find peace without having to move. Thank you everyone for you input once more.

[Whoopi]

 Hi Sir Humphrey and Law of the Land and JimmyT

 Thanks for chiming in on my grizzle. The answer to your question  ‘What is it have they done?’,  would be easily answered  with ‘What is it  haven’t  they done?’ I speak essentially of the SC but the SM is the puppet of the former. So they are indistinguishable in the end.

 My list of  complaints is so long (with evidence to back it up) my solicitor suggested just focusing on one area which is, not maintaining common property. We have had experts in (court approved) shaking their heads in disbelief at the way we are living.

 To be perfectly honest I fear retribution so I don’t want to go into detail.  Which of course makes me feel and sound ridiculous. But until you have lived in one of these Fiefdoms you cannot fathom the impact it has on one’s life.  My advice to anyone ever considering buying into Strata is DON”T. You place your money and your property in the hands of volunteers, untrained in any way for the job . No business acumen, no building experience and no people skills. Emotionally immature despots who are attracted to being on a committee due to a hunger for control, power and the access to the considerable money available to them.

 When speaking to our Barrister he said it is a very high bar to reach to unseat a committee. He said he was prepared to have a go and we are still considering it.

 I wish you could help me, but I know you cannot.  What they have done is really not relevant. The point of my letter is that it is so hard to make  Committees answerable for their behaviour. 

 Thanks for listening, if I win I will let you know.

[Whoopi]

Thank u so much fabulous advice.

[Whoopi]

Welcome to our life ! We have been through and are still going through exactly what u are going through. The problem with the Strata System is a lack of policing the Strata Laws. Allowing bullies to flourish.The only thing u can do is go to the tribunal which is what we are doing. In reality they have decided they don’t want u in their building and they are trying to wear u down. They rarely believe anyone will go to the tribunal as it means legal costs and most people shy away from this . Fair trading is unable to help u as they have no power over the Strata committee. You can go to the tribunal without a lawyer but  your Owners corperation/Strata committee will use your levies to fight u with a lawyer at the tribunal.  I wish I could offer u something more hopeful but this system is not structured to protect individual lot owners and the new laws have not gone far enough to stop proxy farming.  We have endured a lot of harassment  but will not be bullied out of our home. Wishing u luck and sending support from someone who totally gets it. Hang in there.

[Whoopi]

Just want to commiserate with you . We are in the same boat. The conflict of interest having managers and secretaries and owners  and proxies is toxic.

Ours has 75% or so he says I will be doing a poll next time.

[Whoopi]

@JimmyT said:
They are documents belonging to the Owners Corp and there is no secret ballot (yet) so, yes, you can pay your $30 and trot down to the strata manager’s office for a sticky beak.

This is very confusing.  If you want advice, you need to tell us clearly what the situation is.  What is the by-law about?  When was the poorly written by-law proposed and defeated.  Who wrote it? 

The Owners Corp can’t pass a by-law retrospectively.  But they can reinstate common property if it’snot covered by an appropriate by-law  

Thanks Jimmy I will try to be more concise. The by law is about renovations that were done many many years ago some twenty years possibly and some ten years ago. We have just bought the property. The last by-law was written by the EC and was defeated in the last AGM  end of last year by our refusing consent. We were well within our rights and sought the advice of a lawyer. The EC had claimed much of our Lot was common property  this caused a bitter feud re boundaries.  In regard to restating common property this is my fear. We have been in the apartment a year and there have been numerous conflicts. I was reading the posts on Proxies and old farts and  this is the case in this building. Building Manager is also the Secretary and has 75% of vote it has been the case for almost twenty years. No one goes to meetings as there is no point. Minutes are massaged and residents are bullied. The EGM was called without any consultation with us. But it contains a clause we must pay for all costs, Legal strata administrative. The by law is so long and onerous the costs would be considerable. We are having to seek legal advice  on the by-law as it is ambiguous.  What is  really confusing me is the area needs a current renovation and we are about to embark on this journey so most of the works included in the by law will be demolished and replaced  within the next few months assuming we get approval. 

[Whoopi]

Can we ask to see the proxies? 

[Whoopi]

The EC have called two EGMs on the one day half an hour part. One for our lot and one for another lot . Why did they not include both motions in one EGM is this a grab for money ?. Do we have to pay costs as we did not cause the EGM or ask for the EGM.Our by law was defeated because they made a massive error in our by law.  They are trying to enforce a bylaw on is for work done over twenty years ago.  They also want to pass all,costs on to us.

[Whoopi]

Thanks.Scotlandx

[Whoopi]

Thank. Very much .

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