Financial accounts

I am wondering if a managing agent is acting improperly.

This is exacerbated by the fact that some EC office holders in my building I believe are derelict in their duties. The Treasurer for instance over many years has NEVER queried a single line item on the dog’s breakfast which the strata agent calls the “financial accounts”.

Recently I reviewed what passes for the “financial accounts” and saw a host of suspicious debits as well as insufficient credits (i.e. it seems not all the owners are paying their levies, yet there was never any mention of this from the agent. Perhaps the agent and one or more owners are in partnership? I don’t know).

A week has passed since I posed my “please explain” letter to the agent and copied the letter to all the owners. No reply has been given. It amazes me that nobody is agitated by what I have found!

I fear both illegal expenses charged by the agent and that some owners are not paying their levies (even though the agent has never mentioned this).

I understand that I can ask the EC to meet and vote on a s105 to direct the agent to pony up all the records for the owners to wade through.

My questions are:

1. What if one EC member opposes my request and secures the support of his mates on the EC? What are my different options?

2. Assuming one option is for me to ask for all the records myself via a s.108 and paying a $33 fee, can I recoup this fee ask from whatever proceeds I manage to get  the agent to repay the owners voluntarily or from any victory by me at the NCAT if it orders the agent to repay the owners a sum of money.