#18351
Whale
Flatchatter

    Jan, I don’t make a habit of doing this but as your Plan’s in such as mess and as it’s obviously stressing you out….

    On the basis of the last few posts and your advice that a General Meeting is to be held on 3 May 2013, I’d suggest you have a play with this proforma letter to be signed by the 30%+ of like-minded Owners, and then issue it to the Secretary, with a CC to the Strata Manager.

    Don’t waste any time!!!

    (Date)

    The Owners Corporation Strata Plan *****

    (Address)

    Dear Secretary,

    Subject: Compliance by the Owners Corporation with Orders issued by the

    Strata Division of the NSW Consumer, Trader, and Tenancy Tribunal (CTTT).

    At its 2010 Annual General Meeting the Owners Corporation (O/C) resolved replace certain windows comprising Common Property in this Plan, and you would be aware that the O/C has until 3 July 2013 to comply with that resolution and with complementary Orders made by the CTTT with regard to those urgent works.

    You would also be aware of the decision of our Executive Committee (E/C) to overturn the O/C’s 2010 Resolution, and to obtain legal advice with regard to how the Orders of the CTTT might be overturned.

    What you may not be aware of is that the decision of the E/C to overturn the Resolution of the O/C is illegal as it contravenes the provisions of Sect 21, Cl.2(b) & Cl.4  of the NSW Strata Schemes Management Act (the Act), and further that as the recent E/C Meeting did not fully comply with the provisions of Sch.3, Pt2 of the Act, its decision to seek legal advice is also illegal.

    Consequently, we the undersigned serve notice upon you as Secretary that unless the works necessary to comply with the Orders of the CTTT are commenced on or before 3 July 2013, we will and without further notice commence proceedings:

    1) to bring about the statutory appointment of a Strata Manager to take over the operations of Strata Plan **** under the provisions of Sect. 162, Cl.1(a) & Cl.3(A),(a), (b), & (c) of the Act; and

    2) to petition the O/C to hold the Members of the E/C personally liable for any and all costs arising from the legal advice that has been illegally commissioned, and to inform your legal advisor/s of that intention; and

    3) to petition the O/C to hold the Members of the E/C personally liable for any damage to property or injury to persons arising from its failure to properly maintain the Common Property (windows) and from its actions to frustrate timely compliance with a Resolution of the O/C and with Orders of the CTTT, and to inform our Insurers of that intention.

    Yours faithfully,

    Full Name             Lot Number in SP****                    Signature