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  • #9212
    imported_dech
    Blocked

          All plants were recently removed from an established 50sq. mtr garden bed.  There has  been no special or ordinary resolution even touching on the topic and no agenda or minutes from the Strata Committee on any topic in years. 

         The question arises as to whether the “standard” contract with Strata Mgrs. contains any requirement for them to advise committee members of the legal status of any work order.  I am contemplating an e-mail to them pointing out that they would be aware that this work has no legal status and thus should be alert to not facilitating any mis – appropriation of funds.

         Having also established that an “interim order” may be requested via Fair Trading N.S.W. a search of the web site under the relevant Strata Complaints area revealed…..no hint of the existence of any such thing.  I did note in passing however that complaints about Strata Mgrs. seemed to only be allowed to be made by OC’s which would be handy for those cases were the SC has a conspiritorial relationship with them.

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    • #20940
      Sir Humphrey
      Strataguru

        Talk to your neighbours? If enough are concerned like you, then there are ways and means. 

        #20932
        Jimmy-T
        Keymaster

          @dech said:
              All plants were recently removed from an established 50sq. mtr garden bed.  There has  been no special or ordinary resolution even touching on the topic and no agenda or minutes from the Strata Committee on any topic in years. 

          So how do you know who’s responsible and why they did it?

          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.
          #29614
          imported_dech
          Blocked
          Chat-starter

               The well established disregard or near complete ignorance of Strata Laws on both the part of long standing Chairman and Strata Mgr. provide clear evidence to me who has arranged it but this does raise questions of providing evidence to NCAT; the evidence is the absence of any motion whatsoever regarding altering the garden.  If there were strata police presumably sworn officers would seize all minutes of meetings and report the absence of relevant material.   

               I don’t think any of the other Owners are capable of even beginning to comprehend that there are laws and due process which don’t (legally) allow one person to take control of their accumulated strata  funds and do what they see fit.  I once suggested that we set a limit on the then EC for garden expenses for that year as a basic good business practice – not to leave it wide open.  There was umbrage from most attendees that I was insulting the EC;  the Chair however perhaps having vaguely heard that “grown ups” might often have such considerations plucked a figure of about eight times the normal garden maintenance costs.

               An interim order plus the req’d Application comes to $202; at best the result would probably be a retrospective Spec. resolution heartily endorsed by the Chair/Str. Mgr. with proxies from the usual suspects who apparently think that if they have tenants and are paying fees within the normal range then things must be going swimmingly; these presumably also are the types who are “devastated” if/when they discover their funds have disappeared where those in control become confident that no adult is watching.

            #29634
            imported_dech
            Blocked
            Chat-starter

                 SM has advised that there were some poisonous plants (and therefore the complete removal of the plants and replacement with a very different set) was merely maintenance.  There was of course no SC agenda or motions relating to it.  The Fair Trading rep. stated that they couldn’t really comment.  

                  Years ago they told me that even removing one weed from a path req’d a Special Resolution which got me looking into it.  Obvious a meeting for each weed is ludicrous but the point is that apart from plants and light globes there isn’t much in Strata that is regularly prone to easy alteration i.e. in a well run block at the first meeting they would set up clear guidelines for the SC and residents e.g. in garden bed X the following plants….

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