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06/02/2013 at 4:43 pm #8682
Is there a viable future for strata?
We have Fire audits, OH&S audits, Safety audits etc etc.
But little in the way of effective sanctions or penalties for abusive and self serving executive committees.
Although the majority of schemes are managed honestly and productively, there appears to be a substantial core of badly run schemes where owners are intimidated and the processes are manipulated.
Should we have some form of integrity audits? Or would it be just another layer of fairly mindless bureaucracy?
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07/02/2013 at 8:08 am #17788
@tracer said:
Should we have some form of integrity audits? Or would it be just another layer of fairly mindless bureaucracy?How would you audit integrity? I’m sure an auditor could find a few owners who have a low opinion of me though happily quite a few others have said nice appreciative things too. I expect it would be an expensive and petty bureaucratic check on mechanical process rather than addressing or uncovering anything serious.
The Act in the ACT specifies the penalties if the EC fails to do various things such as reporting on insurance to the AGM, keeping various records etc. The ACT Act contains a Code of Conduct for ECs. If an owner could demonstrate that a member of the EC or the EC as a whole had contravened that code they would have grounds to go to the ACAT (our local tribunal) to demonstrate that the EC had acted contrary to the interests of the OC, created a nuisance, failed to comply with the Act, failed to declare a conflict of interest in any matter before the committee, engaged in unconscionable conduct or any of the various other things listed.
Hmm. Should I have refused or somehow declared the nice bottle of wine a neighbour gave me at Christmas time along with a comment of appreciation for all the hard work I do around here?
07/02/2013 at 10:10 am #17790Yes I do think that ECs should be fined and held accountable. They should be able to prove how they came to their decisions, why they did this and not that. A vote against one owner who wants to make a change should be the same for all owners. EC’s shouldn’t be allowed to enforce some bylaws and not others. And they should not issue NTC to an owner when they, the EC members, have done the same thing.
All of the above have happend he in the past two years or so. Questionable decisions have been made and yet decisions on repairs and maintenance have been left for over a year. When I asked the OC to address an issue with another owner I was told they are too busy carrying out all the repairs to possible attend to that trivial complaint and will attend to that when the work is done. 12 months on no work done. No action taken. And our EC sits back and thinks it is all ok because they are covered by insurance. Owners sit back and thing that someone will do something and will no doubt wait till the AGM to ask/complain. Just like last year and the year before and the year before….
If they don’t attend to matters placed before them in writing they should explain the reason why. If the reason is because of other outstanding matters then those matters should be shown to be completed in about to be completed in a schedule of works. You don’t need a course to be on the EC. You need common sense, communication, advice from your SM and this website. That is what I used whilst on the EC with no problems. I knew I had the responsibility of others people’s homes to consider.
07/02/2013 at 10:12 am #17791It is unfortunate but there are these issues in all walks of life. I think that the laws against fraud and the Strata legislation are there and in most cases would be sufficient.
Also I read PeterC’s reply in the thread ‘conflict of interest’ about a ‘Code of Conduct’ and am not sure if it is in the governing statutes of other states but it is a good idea.
I know in practice it is not as easy as it sounds but in reality, the best and really only form of “intregity audit” is a vigilant and robust OC. Too often ECs are able to get away with things because other owners don’t want to take responsibility or perform duties.
07/02/2013 at 11:11 am #17793OK, that settles it. I am forming a Strata Swat Team. We will descend upon dysfunctional ECs, crashing through the windows on abseiling ropes, if need be ready to dispense instant strata karma to the backsliders, nest-featherers, prevaricators, procrastinators and preposterous, posturing petty potentates that blight the bottom tier of democracy in this country.
We’ll issue sheaves of Notices to Comply, arrange EGMs at which all the baddies will be de-elected, clamp a few cars (just for fun) and then roar away on our StratMobile, leaving only a massive special levy which will be required to pay our extortionate fees.
Any takers?
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.
07/02/2013 at 11:29 am #17794@JimmyT said:
OK, that settles it. I am forming a Strata Swat Team. We will descend upon dysfunctional ECs, crashing through the windows on abseiling ropes, if need be ready to dispense instant strata karma to the backsliders, nest-featherers, prevaricators, procrastinators and preposterous, posturing petty potentates that blight the bottom tier of democracy in this country.We’ll issue sheaves of Notices to Comply, arrange EGMs at which all the baddies will be de-elected, clamp a few cars (just for fun) and then roar away on our StratMobile, leaving only a massive special levy which will be required to pay our extortionate fees.
Any takers?
This is a profoundly excellent idea! Our very own StratSwat team!! Let’s gather our mallets and get to it!!
07/02/2013 at 1:15 pm #17796Well I do look good in black……
12/03/2013 at 9:43 am #18031You must have read some of my submissions Tracer. Yes, we have corrupt Executive Committee members being re-elected into office year after year from proxies received from owners who have ‘favours’ done for them in return of them giving such proxies. Very annoying and what can you do except wait until the other owners realise they are being duped. Incompetence reigns supreme.
Gradually the other owners in the complex are starting to wake up to their antics and the fact that if they actually want anything done properly, they will have to elect a different set of committee members to ensure their asset value is retained. The current members have been in place for 3 years now.
We are in a SEPP5 complex of 21 where the builder went into liquidation. The insurance claim has been handled unprofessionally and the monies received for repairs does not cover all the repairs needed. I expect special levies will need to be raised to pay for the waterproofing and re-painting of the complex. At the moment it looks terrible from all the peeling paint. The complex is only 4 years old but looks 20 years old. The obvious incompetence will see the end of this group of 4. Bear in mind the Chairman does not have a vote however he rules the roost but in effect only 3 have a vote out of 21 units that they represent as the ‘Owners Corporation’.
Chairman and Secretary (husband & wife)
Garden Convenor (friend of above)
Committee Member (friend of all above)
I have now moved out and rented my unit. I will not return until the above are too old to be in office any longer, too sick or dead. Frankly I dont care which comes first. In the meantime, I will negative gear the unit and any special levies raised and live a happier life away from the stupidity. I will attend all AGM and EGM meetings however just to rub salt into the wounds as they appear. My revenge will be the reward of having them realise that the value of their own asset is being decreased due to their lack of maintenance and repair. Eventually they will want to sell – perhaps to move into a retirement village or something similar – and will want top dollar. I hope by then they will realise it would be better for us to put a DA to the council to make the complex a normal Strata plan thereby instantly adding $100K to the value of each unit. Also by then other owners will have paid their special levies to get the place spruced up and looking good which will have come out of their pockets and not mine as mine will be subsidised by negative gearing (thank you Government). Revenge will be sweet
26/09/2013 at 2:30 pm #19606It took 18 months for the SM/EC to repair the deteriorated crumbling Vermiculite ceiling in my Kitchen …
When I first phoned the SM he ranted ‘that’s not a strata problem’ and rudely hung up on me …
I wrote requesting urgent attention as the Vermiculite was everywhere including falling into whatever food I was preparing at the time in the Kitchen…
They knocked back the motion to repair – even though no one had even bothered to inspect the damage … and also didn’t let me know this decision for months until I chased it up and phoned the SM …
During the year & a half I had to put with the deteriorating Vermiculite and it’s raining debri (it’d become like snow at this stage ) – I suffered greatly from Asthma attacks (hospitalised by ambulance on one occasion @ Sutho Hospital Emergency … Emergency treatment at Kirrawee Medical Centre for breathing difficulties (Atrovent mask-inhaler @ 1 hour) … countless countless Sinus infections & GP consultations including eventual Hospitalisation & Sinus-Surgery at St Vincent’s)
I went through a small fortune in medication due to adverse reactions to the vermiculite debris including Asthma inhalers, Seretide Inhalers, Cortisone Medication (both Tablet + Topical forms) Sinus Rinses, the ridiculously expensive Nasonex, cartons & cartons of Anti-Histamines, headache meds, Migraines, and daily daily freaking daily cleaning cleaning cleaning of Vermiculite dust and debris.
It wasn’t until a piece of Vermiculite had fallen into my eye slicing a nice little nick – and me ending up at Sydney Eye Hospital – unable to see for 2 weeks – that one exec member finally decided to come and have a look at the now-snowing-vermiculite.
Vermiculite-repairers turned up in Hasmet-type outfits + masks and covered the entire Kitchen in ‘Dexter-type-plastic-sheeting’ … looked like a blooming crime-scene.
Yet … the SM + EC happily allowed me to breathe this toxic-shite in for @ 18 months !!!
Am I entitled to an apology ?
Cheers,
Gina Martin
26/09/2013 at 3:13 pm #19607An apology is the very least you are entitled to. I am sure there are ambulance-chasing lawyers out there who would love to give your EC members a run around the paddock in an attempt to get damages out of them too. It’s not a course of action I would recommend and I would point out that there is no obvious remedy under strata law (it would be a civil matter).
There’s also the fact that you could at any point have taken your Owners Corp to the CTTT to force them to fix the ceiling. That option was always open to you although I accept that it may not have been obvious to you that it was.
I think if i were in your shoes I would send them a polite letter asking for a public apology, their resignations, the dismissal of the strata manager (who is either incompetent or dishonest) and a payment of several thousand dollars to the charity of my choice.
I feel better already for just having written that.
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.
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