@mikobrand96 said:
Can someone please explain how a strata manager and owners corp can get away with the fact the at several meetings owners were not financial but according to strata records they were?
Strata law requires people voting at general meetings to be “financial” but you have to apply to NCAT for orders to have any votes taken at the meeting overturned.
If you feel the strata manager has acted illegally, you need to raise the issue with Fair Trading.
To answer the question of “how can they get away with it?”, it’s because no one has challenged the behaviour through the correct channels
can someone explain to me how when 1 owner’s cheques bounced and states this fact in bank statements but not in other financial records?
If you are saying that cheque bounced but the non-payment of levies (presumably) was not recorded, then there is a fault in your strata manager’s accounting system. If the levies were overdue as a result, a mandatory penalty interest should have been imposed.
Can someone tell me how a person allegedly has a proxy but no proof of this can sign a agency agreement?
If the proxy holder lied, this is a potentially fraudulent act and the agreement could be challenged in court or at NCAT.
How about the fact that when you send to dept of fair trading a complaint to investigate further, you are told there is nothing wrong as they can see.
Fair Trading will not investigate problems on your behalf; they have neither the resources not the inclination to do so. However, if you have a legitimate grievance covered by the strata Act (or other relevant laws) there are procedures you can follow. Don’t just make a complaint, fill in the forms and demand a hearing.
Fair Trading and NCAT are more interested in whether someone – an owner or tenant – has suffered in some way than they are in finding fault with someone on principle.
Who suffered in this case and by how much? If it’s just a case of your EC and strata managers playing fast and loose with the rules, then join the club. You’d be hard pressed to find any strata scheme in Australia that’s 100 percent compliant with the laws.
If, however, someone has acted fraudulently and someone has benefitted significantly to someone else’s detriment, than that is another matter entirely.