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  • #10422
    hawthornh
    Flatchatter

      I am a member of the exec committee of a new development in Melbourne. The exec committee was elected in late February, with the developer and management company holding the first AGM in late November, about one week before the majority of owners settled on their properties. 

      We have now found out that at the AGM the owners corporation granted a lease to the developer for an area of common property in the basement parking area (about the size of one carspace) to build an IT room for the development company. The lease was signed and sealed in late January, and the developer was given a 30 year lease on the common property for $5. It gets better. The room has a PC server in it for remote data backup and an air conditioner that is running 24 hours a day. This is owners corporation electricity. 

      Our view is that the developer, while in charge of the owners corporation, assigned to themselves a favourable lease that will disadvantage the owners corporation financially. And that the strata manager failed in his duty to protect the interests of the owners corporation, obviously not wanting to upset the developer for fear of losing future contracts. 

      We are not sure at this stage what we can do. We believe we can charge the developer for electricity, but it is not stipulated the amount. We feel that in the AGM minutes an amount and term should have been mentioned for the lease as it says nothing other than “grant a lease to company xxxx”. We are not sure if the manager should have investigated if a licence would have beem more approriate, or if given that prior to the granting of the lease that the owners were pursuing him to quickly set up a representative committee that he should have not entered in to the lease until this was done. 

      We would love any feedback on this and if anyone has experience this before. Thanks.

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