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Hi All
Our strata manager for the last 10 months has undertaken an extremely poor job of managing our strata plan.
He has not followed any complaints, has undertaken works in the private areas and invoiced strata, allowed changes to the common property without any notifcation or approval, gave permission for some owners to park on common property causing other owners the inability to park in their allocated car spaces.
Worst of all, he came to an AGM with a budget that had 3% tacked on all the figures and had no quotations or any idea what bechmark figures should be.
Reviewing the strata plan records held by the company revealled that nothing has been documented despite numerous emails and telephone calls from various owners.
His company rather than fix the problem has decided to give their termination notice as it appears that this particular manager has now been reported as a missing person. Have since found out that the licensee of the business is his wife so that could be the reason as to why the complaints have not been dealt with.
What I need to know as the Dept of Fair Trading were not helpful, is what are the managers responsibility and our entitlements now that they have 28 days left.
Those that have been granted approval to undertake works on common property and those who were given permission to park on common property are not going to give those up.
What about the records seeing nothing has been documented. We have no idea who is on contract.
Further, can we make a claim to have fees paid to the company whilst they were not correctly managing the property reimbursed.
For example, the agents renewed an insurer despite requests at the AGM that a change was required and pocketed a fee of $2,000 in doing so.
Many thanks for any help.
Their records show nothing and there have works undertaken to common property
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It's hard to know what your options are without seeing your contract (especially since this guy is clearly not a straight-shooter). My advice would be to immediately contact a reputable strata management firm, definitely a member of Strata Community Australia, their professional body, and tell them that if they help you to remove this guy, they can have the contract. Take the strata management contract with you. In the meantime, pass a motion at your next EC meeting – oe even agree by email or phone – to let this guys know that he will have to reapply to continue his contract after it has lapsed. There wioll be a clause in the contract telling you how much notic you need to giver him. However, there may alsoo be clauses related to failure to perform his duties, in which case you need to pass a motion telling him this is the case and that his services are no longer required. By the way, this is all a lot easier if you have another Strata Manager ready to pick up where this guy left off.
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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