@struggler said:
It sounds like the EC doesn’t want to get involved in issues in this complex. My friend reports that owners have changed common property without permission and without repercussion. Anything goes and the EC just turns a blind eye. Suggestions on what may friend can take to the AGM to try and get the attention of owners and the action from the EC?
Just to get back to the original over-arching question, perhaps the way to get the EC’s attention is for your friend to map out the means by which they plan to have the running of the building brought back under control.
For instance, they may have a valid case to take to the CTTT and ask for the statutory appointment of a strata manager to replace the EC and run the building properly. I’m not saying the CTTT would go for it but if there is enough evidence of the EC willfully ignoring their responsibilities with regard to Common Property, it could get a hearing.
Perhaps the prospect of having their power removed from them – and I’ve yet to hear of an Owners Corp that was happy with the imposition of a Statutory SM – might have the desired effect of getting their attention and forcing them to lift their game.
In reality, your friend would have to prove that some owners were suffering unduly because of the way the building was being run; the ongoing casual annexation of common property and the failure to manage the by-laws which led to even a minority of owners being disadvantaged would come into that category.
I wouldn’t recommend actually applying for the appointment of an SM but the mere showing of the instruments of torture seemed to work for the Spanish Inquisition, so it might be worth a bluff.
FYI: Here’s the relevant section of the Act:
183B Orders for appointment of strata managing agent
(1) Order appointing strata managing agent to exercise functions of owners corporation
The Tribunal may, on its own motion, make an order appointing a person as a strata managing agent:
(a) to exercise all the functions of an owners corporation, or
(b) to exercise specified functions of an owners corporation, or
(c) to exercise all the functions other than specified functions of an owners corporation.
(2) Order may confer other functions on strata managing agent
The Tribunal may also order, when appointing a strata managing agent under this section, that the strata managing agent is to have and may exercise:
(a) all the functions of the chairperson, secretary, treasurer or executive committee of the owners corporation, or
(b) specified functions of the chairperson, secretary, treasurer or executive committee of the owners corporation, or
(c) all the functions of the chairperson, secretary, treasurer or executive committee of the owners corporation other than specified functions.
(3) Circumstances in which order may be made
The Tribunal may make an order under this section only if satisfied that the management structure of a strata scheme … is not functioning or is not functioning satisfactorily.