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Topic
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At the last AGM of our residential strata scheme, the earlier Ex Comm was voted out and I along with couple of new members were voted in as Ex Comm. The reason for this was – we found there were poor financial controls by the earlier Ex Comm, monthly payments in some categories well in excess of one and half times the budgeted amount, special levy collected for building painting spent on gardening cleaning etc. Before this there were never any elections and Ex Comm was just nominated.
Ever since the AGM and appointment of the new Ex Comm, there have been acts of vandalism. The rolling shutter of underground parking lot and its associated motor, wires has been tampered with at least 4 times and photocells of the roller shutter at least once causing the shutter to fall on one of the resident cars at that time – this happened in July/Aug this year. A Police report was also lodged. There have also been incidents of slashing of car tyres when cars have been parked in visitors parking lot – however, this has happened earlier as well before this AGM. Now the acts of vandalsim have becoming more personalised against one of the Ex Comm members who was more vocal – things like garbage being dumped infront of his garage, junk put in his mail box , and recently an anonymous derogatory letter was put into every residents mail box. The handwriting in the derogatory letter is similar to a previous Ex Comm members husband's handwriting – very distinguishable handwriting when compared to an earlier letter written by him. And most recently, a sticky liquid was placed in front of this Ex Comm members unit.
How does one handle this situation ? Should one report this to the Police ? Fair trading ? What else can one do ? What is the role of Strata Managers in this ? Does one hire a lawyer ? Who pays for the lawyers fees ? Are there any limitations on the Ex Comm in spending money on legal advice ? Do they need to get 75% of OC sign off before spending money on legal advice ?
Would appreciate your help and advice
Thanks
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My first thought is a couple of strategically placed security cameras. A couple of years ago a simikarly disgruntled owner was caught urinating on the chairman's front door … and the miscreant was a lawyer, if I recall. But really, the deterrent effect is what you're looking for. And this is really a police and civil matter … maybe an AVO could be taken out. Anyone else with any thoughts?
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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