- This topic has 3 replies, 3 voices, and was last updated 8 months, 2 weeks ago by .
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Our AGM resolved to obtain a Compliance Audit as we have had a dysfunctional Executive Committee (read incompetent) being lead by an incompetent Strata Manager.
We have had Invoices paid twice, work done by unlicensed builders, Work done without work orders just by a phone call and a wink and a nudge, motions passed at EC meetings over-ruling our By-Laws.
Invoices approved for payment by an owner not being a member of the Executive Committee to the value of $21,000, that person was given the approval by the Strata Manager to check the building repairs carried out and to approve Invoices and quotes. Executive Meetings carried on without a quorum and the list goes on and on.
Our Management Agreement has another 2 years to run which is another story. The Agreement was signed by 2 people from the Executive (friends of strata manager) signed as Treasurer and Chairperson when they did not hold these positions.
One person I believe signed the Agreement immediately after the AGM whilst the other person went to the Strata Managers office later in the day and signed the Agreement. The affixing of the seal was also witnessed by another person from the office. The agreement is undated.
There were no persons nominated to sign at the AGM, so as far as the Act is concerned the Agreement should have been signed by the Secretary and one other person. The new chairperson was not aware that the Agreement had been signed until he called the Strata Manager to make arrangements for him and the Secretary to go to the Office to sign it.
My question is :- How does one find an accredited Compliance Auditor and has anyone else had a compliance audit carried out ??
- This topic was modified 8 months, 2 weeks ago by .
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A compliance audit, as you call it, could be done by a strata manager or strata lawyer but it would not be cheap. I have never heard of anyone doing this as a job.
In any case, what is it that you hope to achieve?
If you have clear evidence of these serious breaches of the Act and failures of responsibilities, why don’t you just ask a strata manager to be prepared to be appointed as a statutory manager and then apply for that to NCAT?
Or just present the list of breaches to the strata manager and invite them to resign (with agreement not to pursue that matter any further) or face being reported to both Strata Community Australia and Fair Trading.
The main aim must surely be to get the strata scheme operating properly rather than indulging in a lengthy and expensive blame game. Your potential replacement strata manager may be happy to assist if they know they are going to get the job when all is done and dusted.
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.
what was the result? I have a similar situation, less about gross misspending, and more about the SC not functioning:
- one year with no SC meeting notices, agendas or minutes, despite a dozen meetings
- motions that contradict by-laws, (which have force of law)
- no plan or budget for work, do their own decorative / pet projects but have ignored at least 3 legally required safety issues, and
- no preliminaries were done at AGM by Strata Manager, so non financial people vote, nominate and appoint themselves to the SC (I shows the Strata manager the financial and I read aloud the legislation sentences from the agenda, she ignored it). the minutes don’t show who voted, so we cant tell if ANY motions we valid when passed, so I want to have the AGM declared void and hold it again, at their cost.
- and I want to get the SC dismissed and the secretary and Chair barred from office for ignoring all reasonable requests to abide by process (attaching guide books and legislation).
any recent experience succeeding resolving this at NCAT?
- the Strata Manager wont provide invoices, so we cant check the financial statements.
- I like the idea of making a list of contraventions and and seeking the Strata Manager resign.
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