#24373
Enough of Strata
Flatchatter
Chat-starter

    Thanks for you input Whale; As usual excellent points and realistic comments about the likely outcomes. 

    Today with the new EC member and I attended a meeting with the Strata Licensee to discuss matters.  This was suggested by a lawyer friend of new EC member, before proceeding to NCAT (should he wish) if things could not be resolved.

    The Licensee did not seem interested in the By-Laws being incorrect (he sighted them, was shown the title search showing no changes made, & agreed they were wrong ) and suggested that the New EC Member take it to NCAT himself, to get the EC to correct the By-Laws posted on the Notice board.  Quite disappointing he did not offer to get the Strata Manager to take the matter up with the EC.

    Since my original post (7/1/16) I had written to the EC Secretary advising that the 9/12/2014 minutes attached to the 9/12/2015 AGM had not been corrected as 2 matters related to the 2014 AGM were discussed in detail at the 2015 AGM agreed as needing correcting, but had not been corrected in the minutes.  (His Strata Manager was responsible for the non correction as she wrote up the Minutes). 

    Our EC Secretary had (possibly with the input of the Strata Manager) written to me saying the EC members would consider my complaint that the correction had not been made, and then wrote back a week later with a fob off, which in short said the EC members had considered the matter and the minutes are correct and I should not communicate on this matter again but I could bring it up at the next AGM if I wished. 

    The New EC member had no knowledge of any meeting or discussion relating to the incorrect minutes (as he should have) and was annoyed he had been left out. He was probably left out because he declined to sign their Code of Conduct. The EC member communication must have been informal (if they occurred at all) as no 72 hour Notice of EC Meeting was posted, and a 4 day period between advice that the EC members were to be given written notice of my complaint and response to me.    

    The Licensee said only that I could take the matter to NCAT, clearly not wanting to be involved.

    He did seem a little more interested when he was advised that last year some Lot Owners informally contemplated a change of Strata Manager, and quotes had been obtained. He then spoke of a possible change of Strata Manager might be considered, without giving a commitment.

    I then provided him details of the 2 AGM’s which were conducted without a Quorum by the current Strata Manager, & a schedule detailing showing at least 5 years where no Sec / Treasurer / chairman were appointed, noting there did not appear to have been formal EC meetings with minutes held in many years. 

    Whale – It appears to me that your comments are totally correct when you say : “there has to be a better alternative to the conventional and largely ineffective processes to ensure that Owners Corporations, like all others, conduct their affairs according to Law”.  Regretfully it appears that Strata Managers can also do pretty much what they want also.

    I give up (as does the New EC Member) and will no longer expend time and effort raising matters in order to have things done correctly or attend meetings. I had a similar experience in relation to “Fire Safety” with the Strata Manager & EC where they did had no interest in getting a legal opinion to validate if we actually needed to upgrade the premises to the current Fire standard even though we were a 1975 building (see my post of Building & Mtce / Fire safety Audits 30/12/2015).

    Again Whale thanks for your input & common sense appreciation of the dynamics at play  – very much appreciated.  (Winston)