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16/06/2020 at 11:04 pm #50450
In relation to my first post elsewhere about our rusted on, faceless Sydney Strata Committee and Strata Manager ushering in a huge Special Levy for $340,000 at an electronic meeting under cover of COVID, I’ve been searching for a way to hold them accountable.
I can get an EGM organised to reverse the resolution for the Special Levy or take them to the OFT and CTTT. But to me there are important issues of probity, transparency, governance and fairness, not just in this matter but in others as well. Pet SC member projects and neglect in other areas for example.
It seems the NSW OFT and CTTT are only interested where it can be shown By-Laws are broken. Not so much in shady, shonky actions, lack of transparency, chairman’s eaves fixed but nobody else’s etc. etc. What can like-minded owners who feel disenfranchised do? Fast. Form an alternative rebel committee or something?
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17/06/2020 at 1:11 pm #50487
One starts by gathering information – email addresses of residents, copies of SC and AGM minutes, full set of by-laws etc. Send the Secretary an email and hope he/she copies in the other Committee members in his/her reply. Then you will have all their addresses. Bombard them with complaints, but don’t say anything that might be defamatory – it is a favourite tactic nowadays to threaten defamation action to shut people up.
Check the SC and AGM minutes on the SM’s website against those posted on your noticeboard. I caught our Committee out for having two sets of minutes, one for them and one for public consumption. Caused them no end of embarrassment. Good luck!
20/06/2020 at 5:23 pm #50579When you read the Strata Schemes Mgt Act, there are various provisions for proper governance such as acting fairly for all owners. You can also inspect the books under ss 182 and 183. The other thing is to ring up the OFT who can give you advice.
20/06/2020 at 5:25 pm #50585When you read the Strata Schemes Mgt Act, there are various provisions for proper governance such as acting fairly for all owners.
True, but where are the penalties for breaches? What kind of law is it where ordinary citizens have to run civil cases to enforce the rights that are supposedly enshrined by it? Chocolate teapot!
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.
21/06/2020 at 9:31 am #50589Agree with you Jimmy, enforcement is always difficult. I am going through this right now with respect to how I can bring proper governance in my own strata plan. Compulsory strata mgt is fraught. Another possible way is to remove SC members – hence my query in another post as to how successful that has been for others.
21/06/2020 at 9:31 am #50590True, but where are the penalties for breaches? What kind of law is it where ordinary citizens have to run civil cases to enforce the rights that are supposedly enshrined by it? Chocolate teapot!Exactly, and an expensive chocolate teapot at that by the time the “others” inevitably get involved. S.36 of the NCAT Act is a somewhat of a joke when it comes to strata.<h4></h4>As any good lawyer will tell you… never confuse justice with the law, they are two entirely different things.31/07/2020 at 2:29 pm #51260I’ve been searching for a way to hold them accountable. I can get an EGM organised to reverse the resolution for the Special Levy or take them to the OFT and CTTT. But to me there are important issues of probity, transparency, governance and fairness, not just in this matter but in others as well.
OK, here’s your first issue. Do you want to reverse the decision or hold them accountable – these are different but related issues? Your fellow owners may well support you in the former but be reluctant to to get involved in the personal politics of the latter.
My advice would be to get the 25 percent of owners’ signatures to call the EGM, have an agenda that has two items: 1. get more quotes, 2. Decide on a special levy or a strata loan to pay for the winning quote.
Sort all that out and you will have a platform for fixing the problems with the committee, probably at your next AGM. Try to do it all at once and the very real financial issues get lost in the fog of strata war and you will probably lose.
If you think there is a chance they will push ahead with contracts, initiate action at Fair Trading and NCAT to reverse the decision and apply for an interim order to halt any further work until another meeting has been held.
But once again, making this too contingent on personal attacks will probably blow up in your face.
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.
14/08/2020 at 12:07 am #51435Can’t like-minded owners band together and vote themselves onto the committee? Rather than expend all of your energy finding ways to hold them accountable for something they haven’t done wrong (you said yourself they haven’t broken a by law), why don’t you put your time to good use, have you and your allies join the committee and see that everything is above board. Who knows, you may even find a better quote for the windows yourself with all that energy? You seem to be getting nowhere with your approach try this one!
Best of luck
14/08/2020 at 12:37 pm #51441Thanks for the suggestion Smoothoperator. You’re right of course. Fact is, I’ve been on the Strata Committee twice before and my missus has too. Back in those days, the committee was heavily involved and paid attention. After all ‘your block’s only as good as your committee’, as the saying goes.
Anyhow, maybe we haven’t paid our dues. Maybe I’ll go again. Problem is the current committee and their seat-warming cronies have the game sewn up. Or so they think. They better just hope my missus doesn’t decide to weigh in again. Laughing emoji.
20/05/2021 at 9:28 am #55985In relation to my first post elsewhere about our rusted on, faceless Sydney Strata Committee and Strata Manager ushering in a huge Special Levy for $340,000 at an electronic meeting under cover of COVID, I’ve been searching for a way to hold them accountable.
Maybe it isn’t deja vu! Knew I’d seen this problem elsewhere
20/05/2021 at 10:13 am #55988Maybe it isn’t deja vu! Knew I’d seen this problem elsewhere.
I take your point, only too well. We have been plagued by one or two obsessive users posting variations of the same complaints under a variety of names (which is a strict violation of our policy and can result in that user being banned from the website).
In the past, we could detect this by tracking their IP addresses, but, as I said, these people are obsessed and they find a variety of ways of using this website to harass and defame their neighbours, usually because they are too gutless to stand up at a public meeting and air their issues through the normal channels.
Or they know the other neighbours are sick of hearing it all. Or they are just plainly in the wrong, and they know it, but can’t let go of their sense of injustice.
Our problem is that we are here to give a voice to the voiceless members of strata communities, and we are reluctant to shut people down unless we have clear evidence that they have breached our rules, and even then they will get a warning first, just in case they weren’t aware.
Trust me, even fewer people read the rules of a web forum than read the by-laws of their building.
For the record, multi-posts under different names, or even the same post under the same name in different sub-forums, are clear breaches of our policies.
But then you get the nutters (sensitive Flatchatters, please send any objections to that term, in writing, in a self-addressed envelope). I reckon the classic profile is a retired male who may have been in a clerical job or management or sales, who thinks he is a bit smarter than the rest of us (in my case, this may well be true).
In their case, the smoking gun will be a wallet with a gold Opal card and multiple library cards. Thus they can scoot around the city – $2.80 for all-day travel on public transport – using different Forum user names on different libraries’ computers, plus maybe a smartphone or tablet, just to annoy their neighbours (and me).
Then there are VPNs, privacy protections which are intended to prevent our bank details from being hacked when we use our laptops in cafes, but also let my computer think your computer is based somewhere else entirely, other than your back bedroom.
Just this morning I switched off the VPN blocker – introduced to stymie the sneaks – because it was keeping out bona fide users who are heeding increasing and valid warnings about protecting their online identites.
So thanks, EnterSandman, for highlighting this issue.
These obsessives are undermining everything we try to do here, taking advantage of our policy of anonymity for their own pathetic ends and making life just a little bit less pleasant for all of us.
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.
20/05/2021 at 12:09 pm #55989We have been plagued by one or two obsessive users posting variations of the same complaints under a variety of names (which is a strict violation of our policy and can result in that user being banned from the website).
Very sadly, the same goes for residential blocks. One I know is plagued with with an obsessive resident making the same complaints over and over again. Retired, able to expend every ounce of their living energy complaining and has a massive sense of injustice.
Anyhoo, thank you on behalf of us flat chatters that don’t fall under the nutter category that you have assisted with your valuable time and advice.
22/05/2021 at 7:11 pm #55992“I reckon the classic profile is a retired male who may have been in a clerical job or management or sales, who thinks he is a bit smarter than the rest of us (in my case, this may well be true). In their case, the smoking gun will be a wallet with a gold Opal card and multiple library cards. Thus they can scoot around the city – $2.80 for all-day travel on public transport – using different Forum user names on different libraries’ computers, plus maybe a smartphone or tablet, just to annoy their neighbours (and me).”
Nice, JimmyT, Keymaster. Very constructive. There’s always the chance they’re in the right and the possibility you’re being hoodwinked by the likes of EnterSandman and smooth operator, ya know.
22/05/2021 at 7:13 pm #56004Nice, JimmyT, Keymaster. Very constructive. There’s always the chance they’re in the right and the possibility you’re being hoodwinked by the likes of EnterSandman and smooth operator, ya know.
You don’t need to hoodwink anyone if you’re not using multiple usernames and email addresses. This correspondence is now closed.
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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› Flat Chat Strata Forum › By-laws and outlaws › Current Page