Committee using my vote against me over flooded balcony

Any advice,

I did not receive a notice of AGM from the strata committee or my strata manager in 2022 – I just received the minutes of the meeting.

The committee therefore without my vote decided to terminate the strata manager giving one day’s notice.

In Nov, 22 my balcony flooded due to previous manager not cleaning the gutters regularly. The gutters above my unit became chocked with leaves and dirt and this contributed to the flooding of my balcony.

The budget for 22 was approved at the AGM in 23 which allowed gutters for whole building to be cleaned. A special levy was issued for waterproofing works to my balcony in July, 23. Only 3 people present at the AGM, 23 –  at this meeting – my vote was counted for motions voted in by Secretary and Treasurer ONLY, there were no apologies or voting sheets received. My strata manager pointed out that I could NOT vote because I was NOT financial. 10 people form part of the OC. The meeting minutes are recorded as my voting for a special resolution regarding renovations (common property) which includes my balcony saying that pursuant to Section 106 (3) of the Strata management Act 2015:

a) It is inappropriate for the owners corporation to maintain, renew, replace or repair any renovations carried out in accordance with or referred to in Special By-Law Renovations.

The new strata manager employed a licensed plumber with no category for waterproofing under his licence. Strata manager and plumber have refused to give me license details of contractors involved. A technician and not a licensed builder was sent out firstly to assess the job. After that I believe unlicensed plumber and his trades even an unsupervised apprentice were used to complete my balcony.

My balcony flooded again in April, 24 so much that my unit flooded. I had a building inspector I engaged at my own cost say that drainage was insufficient and waterproofing membrane and screed are contributing to the clogging of the drains.

I want my balcony waterproofing to be rectified as the works are defective. I have spent my own money once to clear the gutters above my balcony as strata manager refuses to do this at the request of the Treasurer and Secretary. My strata manager wants to make me liable to clean the gutters above my unit. He also rejects my comments that balcony works are defective and do not comply with Australian Building Code standards.

Strata Committee voted in special resolution – already commented on above saying I voted for this also. The minutes recorded are not a true and accurate record of the meeting – I did not vote for Special Resolution regarding Renovations and a number of other motions passed, including my vote as my strata manager said at start of meeting I was not financial. Is two votes out of 10 enough if I was not included in voting to form a quorum? Strata Manager claims 3/10 was enough to form a quorum – even though I was told I could not vote for financial reasons.

I understand Fair Trading law requires a licensed contractor for any waterproofing works over $5000. The job was over $5000.

What can I do as unlicensed plumber and contractors were engaged by the strata manager for this job? Contractor plumber without licence was paid.

I have directed other requests for minor/urgent work on my balcony be done but my strata manager ignores my requests at the direction of the committee.

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