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Good evening all,
In a strata in which I am involved (>50 lots), I rarely stick my nose into the goings on as a friend lives at the scheme and only when she raises an issue do I poke around.
In the last year or so several owners made changes to their lots and naturally (several) general meetings were held, new by laws were drafted, agendas were published and sent, minutes were published and circulated etc. These costs were paid for by the OC with an undertaking by the strata mgr that all the costs would be recouped from the relevant lot owners.
Long story short: in the last 8 months I asked the strata mgr a total of three times if the costs were recouped and she (the strata mgr) declined to reply. Exasperated, I recently asked a member of the strata committee (the only one whose contact details I was given) and she (a committee member) replied that the committee does not know if the costs were recouped as all functions related to such activities were delegated to the strata management agency. The SC member suggests I follow up the matter up with the strata mgr.
You read that right: I asked the strata mgr 3 times and got zilch and then approached the committee for a response and the response is to liaise with the strata mgr.
My questions to the Forum are:
(1) Who is legally at fault here for not ensuring that those who benefited from changes to their lots actually pay their way?
Is it the OC (represented by the strata committee) for not doing their job or is it the strata mgr whose reluctance to confirm reimbursements were made by the various lot owners leads me to believe she dropped the ball and did not do as promised. Her actions I believe breaches the conduct expected of her under the Property & Stocks Agents Act.
(2) Does anyone have experience in such a situation?
(3) What is the best way to force either the SC or the strata mgr to reveal what if anything was done to recoup the costs?
Thank y’all in advance.
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