Re: No Committee Meetings after delegation of functions to SM

Thanks for your input Jimmy. 

There is only me and one other Lot owner who has a concern, the others who attend meetings (most never have) are either Committee members or lack understanding of the implications and just go with the flow, and accept the advice of the Strata Mgr, as that person’s business is Strata & I am just on old retired pain in the neck. 

The last AGM passed a resolution to accept one of a number of quotes to replace balcony balustrades which was recommended by a Structural Engineer, however one Ctee mbr liaised with the contractors for quoting, and added metal sun screen Louvers into the balcony quotes (which were not originally part of the external appearance). Previously that Ctee Mbr erected a sun screen on their balcony (against the by Law) and it was removed after a complaint.  All the new balconies now include sun screens, at a cost estimated at about 1/2 of the total cost.   There is now very little money left in the Capital Fund.

Do I think the majority of Lot owners have been set up by this Ctee Mbr who now gets the sun screens that were previously declared inconsistent with the appearance of the building (By-law), and who will not hold formal Ctee Meetings.  Yes as that person negotiated the specification for the quotes which was beyond the scope recommended by a Structural Engineer.

I believe if this matter went to NCAT the Ctee Mbr and those supporting Ctee Mbrs may be found to not have acted in the best interest of the Owners Corp, but self interest.  A friend considers it could be “fraud against the minority” & at least one Ctee Mbt is likely to have breached a fiduciary duty. However, I am reluctant to take the matter in this direction as almost all interested Lot owners are on the Ctee and their replacement would be an issue, plus it will further deplete Strata Funds as the Ctee Mbr would want the OC to pay for legal representation at NCAT, and most Lot owners are simply not interested.

If I took the above to NCAT, its at my expense for “uninterested co-owners”, and if won & then the decision was challenged would incur cost all the way to the Supreme Court, which would make it a poor decision. Even the other person who supports me says it is not worth it.

The Strata Mgr appears to be in lock step with the Ctee Mbr involved.

This is why I sought advice on actual cases (from case law) that could be provided to the Ctee & Strata Mgr to get formal Ctee Mtgs happening and Lot owners informed, to validate to those Lot owners who blindly follow the Strata Mgr’s advice, and to provide a paper trail.  Who knows what else has happened / will possibly happen that we will not be aware of.