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Jimmy
Thanks for your advice.
I am not here to vent my anger but to get some idea how to stop the EC. In a way that doesn’t cost too much and gives me reasonable chance of success.
For your reference, last year I took the OC to NCAT because as a member of the EC, I was denied time and time again access to the financial records and to the transaction a/c bank statements. The exercise of applying for a s.162 (compulsory manager) cost me $300 or so and was dismissed by NCAT.
None of the 4 EC members were concerned with the lack of transparency. Only I was. I asked under s.105 and then under s.108 (as Fair Trading suggested) to see who was in arrears and to what extent. (I am still waiting for that information).
At NCAT I also wanted to see how many instances of unauthorised spending took place. In my application to NCAT I identified at least 2 instances. (In addition, some years ago, one office bearer was found to have used OC money to pay for another lot’s kitchen stove, when that should have been paid by the relevant lot owner himself. I still have a copy of the invoice he paid and the butt of the cheque he drew. I recently asked the managing agent but neither the agent, nor the EC member who spent OC funds on a kitchen stove – and is still on the EC – has confirmed that the money was repaid the OC).
After my NCAT application and appeal I was given access to the strata’s records but mysteriously the papers I wanted were unavailable.
As you know, the s162 order to have an agent manage the strata without reference to the EC meant written submissions and not a hearing was the modus operandi. My submission (and subsequent appeals) were rejected by NCAT because the OC in its response undertook that I would get access to what I wanted.
That was 10/2015 and still to date I have not received the papers I want to see.
The 2015 AGM agenda and minutes did not include what I thought was mandatory: the lot balance reports.
At the 2016 AGM held recently, neither the agenda nor minutes included the lot balance reports. And last week I chased those reports up. You guessed right…no response from the managing agent.
Thanks for pointing out ScotlandX’s reply. I will look at it.