› Flat Chat Strata Forum › Strata Committees › Committee about to misspend money despite warnings › Current Page
I was intitially asking myself what the problem was here, regarding the scheme paying for pest treatment for all the lots. Everybody gets their untit treated, so where’s the harm?
And the answer is that some people will be paying less than they should, subsidised by others paying more than they should, because the money that goes into the kitty is based on unit entitlements.
What the committee should be doing is paying for treating common areas and negotiating a reduced fee to be paid by the lot owners individually.
On the question of the strata manager’s “duty of care”, for want of a better phrase, I think you need to pinpoint areas where they have given bad advice or failed to warn owners that they are breaking the law and either ask them to lift their game, if it’s a big firm ask them to appoint a better manager or raise it at your next AGM as a sign that it may be time to get a new manager.
Also, there is a code of conduct for Queensland body corporate managers, which says, among other things:
- They must have a good working knowledge and understanding of the Act, including the code of conduct, relevant to their functions.
- They must act honestly, fairly and professionally .
- They must exercise reasonable skill, care and diligence.
- They must act in the best interests of the body corporate unless it is unlawful to do so.
- They must take reasonable steps to ensure an employee complies with the Act, including the code.
- They must not engage in unconscionable conduct including requiring the body corporate to comply with conditions that are unlawful or not reasonably necessary.
The Code of Conduct is supposed to be part of the BC Manager’s contract, so I would think a breach of the code might be considered a breach of contract. That could be something to get their attention, at the very least.