Thank you JimmyT, we are working with the UOAQ on this topic and find their service incredibly useful. (Invaluable in fact). We would be lost without them. Any unit complex in Qld is crazy not to be a member. Unfortunately the membership is to be cancelled as soon as the full committee is owned by the caretaker this AGM. The other big push will be to replace the Body corp Managers to one that is more sympathetic to the caretaker.
Our advice to date is to raise motions in the upcoming AGM. this way the information is out there for the lot owners who read the minutes of the AGM (Which I fear is not many).
Being slandered in newsletters etc to owners as well as bullied by committee members is not an enjoyable environment.
To date we have not attempted to re-dress any of the slander or to approach lot owners with any of the issues or explanations. This way it just looks like a one way street. The last thing we want is to look like complainers or whingers etc that’s the quickest way to get people to shut off to the real cause. A mail out or newsletter is being considered but very difficult to get a message across in the format as suggested by you to not disclose the perpetrator. However this approach is being adopted.
As soon as any information from the UOAQ is detailed to the caretakers committee members it is shut down and ignored and any non committee member who raises it are targeted. The caretakers committee members are extremely protective of the care-taking entity despite the obvious negative effects on their properties.
Category 1 defects are impacting on our insurance which the Caretakers committee members are either ignoring or stating lack of awareness by themselves simply means they don’t exist. We will most likely be non insurable as has been stated to us in the past by the only insurance Co’ that will insure us.
We are currently looking into the legislation with regards to liability and the situation of Body Corp Committee members code of conduct and liabilities with regard to ignoring defects/maintenance issues affecting the scheme.
The other advice is too just accept the fate that the care taking entity is well supported by the advice of others within the system and that the system is tipped against the lot owner in this situation. With the Qld system the way it is there will be no win for us in this instance. Best we save our energy & sit tight until the system is changed/amended.
Legal advise is to have the RAN enforced, however the committee (Caretakers) refuse to accept this and reject all requests to have the solicitors address the RAN, The RAN will never raise its head again when the complete committee is controlled (As stated by the current four committee members).
Anyway the real issue I guess is the system that allows care taking entities to take over the running of complexes and their committees. Ours won’t be the only one that’s owned in Qld and the UOAQ is attempting to get the legislation changed. 