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  • #8612
    Anonymous

      Our owners corp resolved at an EGM to paint our foyers.

      The painters have done a shocking job. There’s a large paint spill on the carpet, paint splashes and drips on bare brickwork, overruns, some of the doors not painted properly, masking tape still left in place – just simply, a very sloppy job.

      There are now at least 7 owners who are absolutely furious about the standard of workmanship, but our 2-member EC is being arrogant in the extreme about the entire situation.

      • they have already paid the painters
      • they refuse to get the painters back out to look at the issues
      • they will not release the name of the contractor who did the work
      • they will not provide copies of their comparative quotes obtained
      • they will not tell us what the job costed
      • they have denied an urgent request to have our strata manager attend our site for an inspection of the problems – and said it costs too much and therefore “we can pay for it ourselves”.
      • they have denied an urgent (no-cost) meeting on site to inspect the problems with concerned owners. They say they will do this in “February” at the earliest !!

      We are confused about why the committee is being so arrogant and protecting this contractor. The whole thing was rushed done with such urgency (“must be done by December”) why? Some of us our now wondering if this contractor is somebody’s friend.

      What do people propose we do about this situation?  It was my understanding that owners have a right to information.  

      Thanks in advance.

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    • #17445
      Jimmy-T
      Keymaster

        Any owner can arrange to view all documents, minutes and correspondence at the strata manager’s office for a small fee. If the Strata Manager claims this breaches privacy laws they are either lying or incompetent or both.  Our good friend Suzie Broome, a strata lawyer with our sponsors Makinson & D’Apice ,recently told an OCN seminar that there is effectively no such thing as privay in strata matter.  You could argue for things to remain commercial in confidence, when a business rival was also an owner, for instance, and legally restricted when an owner was taking action against the EC (or vice versa), but she said she doubted either argument would stand up in court.

        All owners have equal rights under strata law and being a member of the EC does not impart any executive privileges to keep Owners Corporation business secret from owners.

        If you want to scare these people, point out that their actions, in wilfully ignoring the law, may invalidate their EC insurance that protects them from the financial consequences of making bad decisions.

        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.
        #17485
        justsaying
        Flatchatter

          hi there

          thank you for this information. I have been asking the EC both as an agenda item and through the building manager to provide the written results of two fluid samples that I was advised had been taken by the EC. This was to determine if the damage to both my cars (both written off) was via the slab above the car.

          Firstly I was advised the results were attached to the Ec minutes( they were not). Then I was advised by the Secretary that he would send them to me (this has not occured.) Now they say only one sample was taken even though I was present for the second collection!

          This issue has been ongoing since 2010 with the latest sample taken in mid 2012.

          My second issue relates to water ingress to my property that has resulted in a less than satisfactory result where part of the courtyard was left damaged and remains damp. Despite numerous attempts to ask the EC not the pay the full amount (over $60,000) until it was fully restored they will not give me any details or speak to me directly as suggested by OFT. It is my understanding that damage that occurs during/following works must be repaired at OC cost.  I have offered to meet them halfway financially to get the matter resolved Again placed on EC agenda with no effect.

          It seems to me that some EC’s lose sight of owners rights and high handedly plough on making decisons with no realisation that they cannot make unilateral decisions and do so because most owners simply don’t have the strength to battle on and others just want to live without the angst.

          For me I will take it to OFT and engage a solictor to represent me. Not only will it cost me but it will cost all owners to face OFT when it simply could be handled within the scheme.

          I will take your advice and mention the law and making bad decisions, I can but hope!Cool

          thanks again

          #17491
          Whale
          Flatchatter

            Justsaying – With regard to both your issues it’s clear that you have attempted to resolve them with your Owners Corporation, and as that’s the mandatory first stage before you may then seek to have the issues adjudicated by the Consumer, Trader, and Tenancy Tribunal (in NSW), where you have a couple of choices in my opinion:

            1) Make an Application to the Strata Division of the Consumer, Trader, and Tenancy Tribunal (CTTT) seeking Orders from an Adjudicator under S156 of the NSW Strata Schemes Management Act requiring your O/C to make its records of the water samples available to you, and;

            2) If the water sampler analyses support a claim by you for recompense from the Owners Corporation (O/C) or its Insurers for the damage caused to your cars whilst they were on the Common Property (carpark), and that’s your intention, then you should send the O/C a Letter of Demand via the Strata Manager requiring payment with say 14 days. If you don’t receive that payment, then you should apply for mediation of your Claim through the Community Justice Centre (in NSW) from where it will be escalated to the Local Court if that proves necessary.

            With regard to your second issue of the damage to your courtyard, you are correct in your statement that the O/C is responsible for repairing any damage that arose as a consequence of its works on the Common Property. Don’t “battle” them or offer to “meet them half way financially” but instead make an Application (as above), but this time under S140 where an Order may be granted allowing you to have the required repairs to your courtyard undertaken, and where I think that Order can additionally require the O/C to reimburse your costs; check that first with the CTTT – phone on 1300 135 399

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