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  • #9803
    daphne diaphanous
    Flatchatter

      Dear gurus, we fear something is rotten in the state of Denmark & would like to take steps to commission a forensic auditing of our SP’s accounts. From past experience, the OC will refuse a general audit, so, we’ll request all documents held by our SM & others (under S108) & refer them to a strata specialist auditor for forensic examination at our own cost. We are already speaking to a specialist solicitor about various matters. Does anyone have any advice on this? Also, while the current fee for S108 searches is $31 to be sent with the initial request, would it be wise to add an extra sum, since we’re requesting everything?

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    • #22614
      Sir Humphrey
      Strataguru

        Is it the OC that won’t do an audit or the strata manager or EC? If a general meeting resolved that the accounts be audited then they must be. We have it included in our rules (aka bylaws) that the accounts be audited.

        #22615
        daphne diaphanous
        Flatchatter
        Chat-starter

          The SM convinces most of the OC that there is no need for an audit. Our SP has not been audited for over a decade.

          #22613
          Whale
          Flatchatter

            Daphne – S108 enables the Owners Corporation’s records to be inspected not taken, so you’ll need to have your Strata Manager make the relevant financial records available for copying / scanning by you or by them, and you’ll need to pay them for that (administrative) service; there should be a schedule of charges in their Agency Agreement.

            So state as accurately as possible what it is that you want inspect, include the prescribed fee for say 1 hours work, and request that your Strata Manager invoices you for the “overs” in accordance with their schedule of fees.

            I recall you stating in another post that you have a new Strata Manager, so hopefully they be cooperative and have the records that you require.

            #22617
            daphne diaphanous
            Flatchatter
            Chat-starter

              Thank you Whale. You really are very helpful. And, we don’t have a new SM, we’re hoping to get one. We want to see everything held by the OC & its representative/s, which means the SM. We have everything ready to go (cameras, scanners & photocopiers of our own). We expect he’ll do one of two things; either have hardly any documents or present us with a flood of them. Our final piece of preparation is the legal advice on a related matter, for which we have gone to one of this forum’s sponsors. We have spent the last two years reading the Act, along with relevant regulations & policies & anecdotal evidence, discussed here & elsewhere on the net. Ultimately, we decided to seek legal opinion, because without prior personal experience of these matters, our efforts have been much like trying to cook a fancy meal out of a recipe book. There is always something missing from a recipe & that is the experience & flair of the cook. As they say, “put your money where your mouth is” & we’ve now done that.   

              #22618
              daphne diaphanous
              Flatchatter
              Chat-starter

                I thought I might add something else to this topic. While we do have an EC elected at every AGM (yes, the usual culprits), we have no idea whether they meet, since they don’t issue any notices or minutes. We hope to discover those during our document search under S108.

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