Forum: Broken balcony exposes strata treasurer

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It's not just the balustrade that's broken when the treasurer won't pay.

There’s a truism about giving people a little power; the less they have, the more they want to use it.

Take the treasurer in one Flatchatter’s apartment block, who refuses to release the funds for anything that doesn’t benefit his apartment directly.

So, when a balcony balustrade was dangerously unstable and the owners collectively decided to get it fixed, he declared the meeting invalid because some of the other owners involved were unfinancial.

The work was done anyway – the balustrade was dangerous – and approved retrospectively at the next AGM but the treasurer is refusing to pay for it as, he says, you can’t pay for work that hasn’t been properly approved.

Now there are all sorts of response why the treasurer is wrong but there is a whole other question demanding an answer here: why are they letting this power-crazed penny-pincher anywhere near their finances?

You can read all about it – and few suggested solutions on how to get him to pay – and maybe something even more radical,  HERE.

Elsewhere in the Forum

  • Were the unit entitlements for our new apartments calculated wrongly? That’s HERE.
  • How do we sack our underperforming strata manager (who’s part of one of the big players)? That’s HERE.
  • Who pays for connecting NBN from the basement to the apartment?  That’s HERE.
  • How do we convert from Company Title to strata? That’s HERE.
  • How do we stop our neighbour from bonking on his balcony? That’s HERE.
  • Committee demands we pay for by-laws for unapproved work done by previous owners.  That’s HERE.

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  • Creator
    Topic
  • #84341 Reply | Quote
    Jimmy-T
    Keymaster

      Balcony bonker, broken payment system, unfair unit entitlements, bad strata manager and committee want new owners to pay for old reno by-laws.

      [See the full original blog post at: Forum: Broken balcony exposes strata treasurer To comment on the post, click on reply here.]

      If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
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    • #84346 Reply
      Jimmy-T
      Keymaster
      Chat-starter

        Regardless of all the other bits of strata law arounf the requirement to maintain and repair common property, you treasurer is overstepping his authority and inventing laws that don’t exist.  First have a strata committee meeting where you have an item on the agenda declaring the position of treasurer vacant and electing a replacement.  Then hold an EGM with one item on the agenda – removal of the treasurer from the committee.  A simple majority is enough.

        If he refuses to go, seek mediations and orders under Section 238 removing him from the office of treasurer and form the committee.

        238   Orders relating to strata committee and officers

        (1)  The Tribunal may, on its own motion or on application by an interested person, make any of the following orders—

        (a)  an order removing a person from a strata committee,

        (b)  an order prohibiting a strata committee from determining a specified matter and requiring the matter to be determined by resolution of the owners corporation,

        (c)  an order removing one or more of the officers of an owners corporation from office and from the strata committee.

        (2)  Without limiting the grounds on which the Tribunal may order the removal from office of a person, the Tribunal may remove a person if it is satisfied that the person has—

        (a)  failed to comply with this Act or the regulations or the by-laws of the strata scheme, or

        (b)  failed to exercise due care and diligence, or engaged in serious misconduct, while holding the office.

        If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
      Viewing 1 replies (of 1 total)
      Reply To: Forum: Broken balcony exposes strata treasurer
      PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.

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