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  • #9633
    Chedi
    Flatchatter

      Owner of a property currently on 3 year tenant lease in a Sydney estate location of resort style operating under strata titling and home owners association management.

      Especially in past 3 months encountered instances of estate management concern meriting written communication but not bringing about meaningful replies rather to the contrary as following examples suggest exhibit:

      1.Accounts
      Consistently badly managed with no traceable process yet on questioning accounts accuracy strata manager (SM) in writing confirms levy notification and reminder process operating as per organization policy without providing confirming evidence. Additionally, SM having forwarded statements confirming ‘reviewed’ upon challenged in reply in respect of known bank payment not included in statement failes to respond and in not doing so meet earlier advised suitably timed deadline.

      2.Non- Receipt of Monthly Management Committee (MC) Meetings Minutes
      In nearly 4 years of property ownership received by email effectively within a week Minutes of MC Meetings. However, at least two subject meetings held in past 3 months (always ‘Chaired ’by SM) when questioned in writing a month ago as to non-receipt of Minutes responds: ‘would be issued in the next few days’. When email ‘hastener’ sent and record of receipt indicates email opened response remains outstanding.

      3.Owner/Resident vis a vis Tenant Resident
      MC unilaterally decided without explanation to apply additional charges to tenant residents but not owner residents when using community facilities which are shared asset/funded by all owners. Also, instructed owners, including ourselves resident elsewhere, not to hand over our entry ‘swipe cards’ facilitating use of resort style facilities to likes of our tenant notwithstanding they reside there legally under Tenancy Agreement. Conclude, MC defining two levels of estate residents and by doing so ‘discriminating’ unfairly plus in last MC Minutes sought to implement a total ban on usage by tenant residents?

      4.Constitution Review
      Without providing any justification/explanation MC notifies undertaking review of Constitution using nothing more than term ‘modernizing’. No consultative approach adopted with fellow property owners and suggest by not doing so fails to accord with both current public and commercial practice in respect of ‘openness and transparency’ etc. Suspect objective as illustrated by other management decisions/behaviours aim is to implement a more autocratic controlling discriminating management style and by doing so is out of cinque with the facility itself and what all residents in 2014 should fairly/equally be able to use and enjoy?

      Seek guidance/advice as to best way forward particularly due to potential seriousness around ‘account’ issue. Further, please bear in mind when on but one occasion in the past attended as entitled MC meeting found subsequently Minutes of Meeting discussion record at 180 degrees to that understood. Therefore, based on above initially at least mediation/investigation under the likes of NCAT or some other comparable body?

      Note: all communications addressed to both SM and fellow owners on MC.

      Thanking you in anticipation

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    • #22104
      Jimmy-T
      Keymaster

        can you clarify what you mean by a “Home Owners Association”.  Do you have a strata committee and owners corporation AGMs? 

        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.
        #22108
        Chedi
        Flatchatter
        Chat-starter

          @JimmyT said:
          can you clarify what you mean by a “Home Owners Association”.  Do you have a strata committee and owners corporation AGMs? 

          Yes we have a Strata Committee and annual owners AGMs with a Strata Manager present at both.

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