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  • #7640
    Anonymous

      Please allow me to post my first question on Flat Chat.

      I live in what I think is referred to as 'a medium sized block of 40 units' in Sydney. We have a Strata Manager, one of the big firms, and an Executive Committee of seven.

      After a coup and a changing-of-the-guard three years ago, everything is supposed to be referred to the Strata Manager. You have to work hard to find anyone who is a member of the Executive Committee, get their phone number or email address or even their unit number.

      And you guessed it… the Strata Manager is slow to address any problem, if he addresses it at all, is terse and rude. (Recently leaking sewerage reported by four different residents took four days to be fixed.) He blames the EC for its tardiness, and they blame him. Our strata is on the slide.

      Flat Chatters, is there any way we can improve things here in the short term?

    Viewing 15 replies - 1 through 15 (of 19 total)
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    • #13720
      bpositive
      Flatchatter

        Get a few owners together and consult a lawyer – there is something called compulsory strata management where the CTTT appoints a managing agent.  

         

        https://nsw.stratacommunity.org.au/resources/348/IBS%20Compulsory%20Strata%20Management%20V3.pdf

        #13721
        Billen Ben
        Flatchatter

          A 40 block unit is a small strata (by strata definitions of large and small) and so there is potentially a noticeboard somewhere. I mention this because if your block is required to have a notice board under its bylaws then on the notice board should be minutes of an Executive Committee (EC) meeting which should have the names of the EC. If your building does not have the noticeboard bylaw then you should be getting sent copies of EC meeting minutes which should show who the EC are. It should also be in your Annual General Meeting minutes who was elected at the AGM.
          Finding these documents should make it easier to find out who these faceless people (the EC) are, when meetings are (you can attend in person) and what decisions they are or are not making.

          Being on the slide is not a good thing and it can be difficult to rectify in the short (and long) term.
          The usual advice involves getting the numbers to force an EGM (the support of owners who together have more than 25% of the unit entitlement) and pull off a coup and dispatching the current EC. You can find several topics on how to pull off a coup elsewhere in the forum – basically you need to have the numbers to force the meeting, pass the motions and stack the EC with “your people”.

          Does you current strata agreement give the strata manager the power of the EC – if it does then rolling the EC will serve little purpose but if everything being refereed to the strata manager is just a policy then a new EC can easily abandoned such a policy and reclaim control of the strata plan (within the terms of your management agreement).

          Another option is to try to have your strata manager replaced but this can be slow and difficult.

          If you are with a large company try going over your managers head and going to his/her superior or the licensee in charge of the company and have a chat about you dissatisfaction.

          I'm sure some other flat chatters will have more ideas for you.Smile

          #13726
          Jimmy-T
          Keymaster

            bpositive said:

            Get a few owners together and consult a lawyer – there is something called compulsory strata management where the CTTT appoints a managing agent.  

             

            That's true and you might get a appointment if the EC is harming the building or demonstrably corrupt.  But being remote and uncommunicative is probably not sufficient grounds for a statutory appointment.

            Your best bet is to retake the palace at the next AGM – you might find the strata manager is suffering from the same lack of communication as you are. 

            By the way, one element in the appointment of a statutory manager is that you have to find one who is prepared to take on the job.  This is one area where the democratic muscle is the one you want to flex.

            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.
            #13728
            struggler
            Flatchatter

              When I was on our EC I did not want my email address, phone no. given out to all in our complex.  They knew who was on it and what unit no. they were in.  We asked all owners/residents to send corro to the SM and they inturn to send it to all EC members.  In that way there was a written record of the problem/complaint. 

              We also set up an email address for the EC which was checked regularly by EC members, matters could then be referred to the SM and forwarded to all EC members private emails.  Of course only a 20%  of residents ever used it and only very occasionally.  So we gave up on that.

              It was suggested once at an AGM that we get a cheap mobile phone and have an EC number that was accessible all the time.  A phone that would only receive calls, or have only a few nominated numbers that could be called (SM and EC members only).  Similar to the kind of phone you would give a kid.  In that way the phone could be passed to whichever EC member could be “on call” on that day/week/weekend.  This was knocked back by the residents who always complain but never put their hands up.

              I have have people knocking on my door in the past and then “abusing” me for not making decisions for them on the spot!  What would they do if they had my phone number?  Calls in the middle of the night?

              I was prepared to give up a considerable amount of my valuable free time to get things done around here.  But I value my privacy as well.  If having all my personal contact details out there for people, who will ring to argue with that I should arrange for a new washer in their taps, is a condition of being on this EC or any EC – forget it!  

              #13736

              Dear All,
              I also have been on Committee for a number of years and found that residents do knock on your door at all hours about the most mundane issues especially if you happen to have the role of Secretary. For some reason residents believe the Secretary runs the building,and or the EC should be dealing with these mundane issues 24/7 and maybe that is the case in some plans but not exactly the Acts definition.Our plan finds what works is a notice on board with contact details for Strata Manager and Emergency Numbers for electrical etc,all complaints and issues that are not emergency are directed in writing to the Strata Managers office then forwarded on to Committee for instruction.But that does not solve Unexpected Leighs problem. I feel Unexpected Leigh has an incompetent Strata Manager and should therefore contact her EC possibly by letterbox? Do you have a BC letterbox? Or you could do some door knocking. Do you have a notice board as EC minutes show the EC Members or if you are an Owner your recent AGM notice/ minutes will tell you who the members voted in are and should also contain financials which include lot numbers, names etc. Or perhaps you could email a complaint to DOFT and cc the Strata Manager if you don’t have the EC email addresses? That may move some butt!

              Good Luck!

              CBF

              #13762
              Anonymous

                Thanks to above contributors for helpful suggestions and I now know how to move on some issues.

                But also to 'struggler' and 'considerate band fair', first I wonder why Executive Committee members put their hands up if they are not ready to accept a certain amount of responsibility including helping their strata constituents as a need arises? Second, I suppose the absolute key to it might be making sure EVERY resident knows who to call and what to do to get something done, depending on the set-up; Strata Manager or on-site EC member in charge.

                #13764
                struggler
                Flatchatter

                  When I put up my hand to be on the EC (one of the few), the responsibilities I undertook included, organising repairs/maintenance, meeting with tradies and getting quotes done for work, I swept up the millions of leaves on common property, cleaned other areas of common property, arranged for notices to residents (delivered personally), cleaned out the stormwater drains, was main contact for the SM (had my mobile/home/email), gave the SM my itinerary so they knew where I was and how best to contact me in an emergency, started up an email address for residents (who hardly used it) and did alot of the gardening.  All for no money and little thanks (infact residents didn't say hello let alone thanks).  I spent my own money at times. I got things done.  I organised the EC meetings.  I also coped a fair bit of whinging in the driveway.  So please excuse me if I would like to have some time to myself without interruption (emergencies excluded).  I also work, have a family and a life!

                  One resident who had a problem was told by the SM to just knock on my door.  I later found a note under my door where said resident was astounded I was not home when ever they knocked.  I explained that I did not sit in an armchair on the otherside of the door hoping, wishing that someone would knock with something that I would need to go the the SM anyway!  So I did  put my hand up, and I did take on all that work/responsibilty.  But did not put my hand up for intrusion of my time.

                  But not a problem now.  Not on the EC.  Don't do anything (except work, family and my entire life).  Now we hire people to do all I did for nothing (with levy increase), now no quotes get done, no works been done on outstanding issues, no maintenance attended to lately.  No interruptions of any kind to me!  And if ever being on any EC means I have to give up all my time – no way.  Will not have my evening merlot interrupted because someone's remote for their garage has a flat battery!   Cheers!

                  #13771
                  Jimmy-T
                  Keymaster

                    I hear you, Struggler.  One of the great ironies of this kind of voluntary work is that the people who would never do anything unless there was something in it for themselves assume you’re only doing it for some benefit.  And sooner or later the good people get sick of the abuse when anything goes wrong and the complete lack of recognition when it all goes right and, like you, they hang up their email address and call it quits.

                    The day of the professional committee member – somewhere between a strata manager and building manager – is not far off.  Trouble is, could we afford to pay them enough?

                    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.
                    #13777
                    Gilgal1
                    Flatchatter

                      I can sympathise with Struggler's experience, but take a slightly different approach. Last year I rejoined our EC – having backed off a few years ago due to other commitments and a lack of desire to deal with one very destructive EC member. Didn't really have much choice but to rejoin the EC, because our former strata manager was doing anything other than managing our unit complex competently. Several owners realised we needed an injection of new EC members who could be more assertive to ensure things get done.

                      Having been snowed under before, I was determined not to carry the whole EC work load… and to ensure that owners realise that THEY are the strata/owners corporation.

                      Our EC agreed early on that part of our job was to help make our unit complex a pleasant place to live, where residents get on well, without living in each each others' pockets.

                      We started posting regular notices to residents on our noticeboards. These inform residents about the things they need to know, and purposely avoid the lecturing tone I've seen here (when I first moved in) and elsewhere. Notices regularly remind people to contact the strata manager or rental agent with maintenance requests, and invite residents to leave written suggestions and complaints in the secretary's letterbox.

                      I know the names of most people who live here, mainly because I routinely say hello and smile at other residents when I see them in the garage, etc. That's the easy bit.

                      I knew I'd be doing a lot of work as secretary, but treated that as an investment in the future value of our unit. That load will reduce over time once long neglected issues are sorted out. I've also told EC members there is a limit to how many years I'll be involved – so some of them are learning new skills to prepare for that future.

                      In less than a year, we've sacked the incompetent and rude strata manager (who had this place for nearly 30 years), sorted out several urgent repairs and conducted an audit of outstanding maintenance issues. There's still a lot of work to do, but you can already see the difference we've made to the place.

                      Sometimes it's a pain having to deal with strata stuff, but mostly it's rewarding to see the progress we're making. There are some issues which I choose to ignore in the interests of getting more important things done.

                      And, of course, the best ways to reduce the stress on EC members are to share around the responsibilities and to ensure you encourage other unit owners to participate and be informed… The more people you get involved, the less the workload and the more likely someone new will eventually join the committee. 

                      #13783
                      easty
                      Flatchatter

                        I sympathise with Struggler. Here are some of my thoughts:

                         

                        1.        The reason why people buy into Strata.  I have a friend of mine who explained to me why he was selling his house and buying a unit.  He hated having to do work around the house – “When I move into my unit I will just ring Strata and they will fix everything” he said.  “I won’t have to a lift a finger”.  And, beleive it or not, this bloke was a former strata manager. 

                        There is a general view with unit owners that their house/home management duties are over because “Strata” will take over.  Nirvana.

                         

                        2.        I have known some owners who have no idea they themselves are a member of the Owners Corporation.  Some think Strata is some
                        quasi semi government body who just come in and fix things up; anything.   I quote from the 2010 annual report of our plan to all owners:

                         

                        “Owners are also reminded that the Executive Committee is not some amorphous body, detached from the complex, which springs into action when there is work to be done.  Obviously the Executive Committee is made up of fellow owners working in an honorary capacity for the good of all owners.  It is not all knowing and can’t immediately resolve issues.  The EC needs to be kept informed on any problems owners might have with their properties because more often than not it will involve the common property. Communication is the key and any requests, reports, complaints directed to the EC will be acknowledged, taken to meetings of the EC and acted on. You are all encouraged therefore to get involved with the management of the plan, if not on the EC, then by being prompt in your advice to the Committee on property matters that concern you”………………”and please do not make any changes to the common property attached to your lot without reference to the OC via the EC”.

                         

                        The plea had little effect.

                         

                        3.        Many unit owners move into units because they can’t or won’t look after a free standing house.  They have little understanding of
                        even the basics of home construction and maintenance and many are forever running to “Strata” with even the most minor of problems.  Many of these problems turn out to be their responsibility.  Those which turn out to be the responsibility of the OC, are often caused by actions of the owner. I could give dozens of examples but a couple which are indicative  – “Strata, we have a mould problem. Please come and fix as I have two small children and am very worried about their health.”  On investigation you find out dryers are being run without venting or windows are seldom opened but the owners continue to insist the OC must fix the mould.  Or the owner whose unit has been flooded and on inspection you find the hoses at the back of the washing machine are that old they have perished.

                         

                        4.        Owners want privacy.  Understandable but this means access to fix up problems in their lots becomes a nightmare because they have
                        to be home!  They just point blank refuse to leave keys with the Secretary or a member of the OC who themselves are prepared to give up their time to meet with tradesmen.  So repairs just drag on and on and the EC cops abuse for the delays.

                         

                        5.        Despite attempts at educating owners as to just what constitutes common property many owners just won’t listen.  They refuse to
                        accept that most of their lot belongs to someone else and that the OC as the owner has rights.  As a consequence owners just go straight ahead and make changes without any reference to the OC.  Many of these same owners run to “Strata” when they have problems.  So you have the situation that it is my property when I want to do something to it but magically it becomes common property when I want it repaired.

                         

                        The best way to sum up the problems facing even the most dedicated of EC’s is that the problems with strata is that many of the people that live in Strata act as though they don’t.

                         

                        I think the only way to change the whole scenario is for there to be a paradigm shift in the thinking that surrounds unit ownership.  This can only be done with education of all stakeholders, professional strata management and training of EC’s.

                         

                        I also believe sooner or later office holders in EC’s will have to be remunerated due to the complexity of the many laws that relate to community living.

                         

                        It will be a long process.     

                        #13784
                        easty
                        Flatchatter

                          I sympathise with Struggler. Here are some of my thoughts:

                           

                          1.        The reason why people buy into Strata.  I have a friend of mine who explained to me why he was selling his house and buying a unit.  He hated having to do work around the house – “When I move into my unit I will just ring Strata and they will fix everything” he said.  “I won’t have to a lift a finger”.  And, beleive it or not, this bloke was a former strata manager. 

                          There is a general view with unit owners that their house/home management duties are over because “Strata” will take over.  Nirvana.

                           

                          2.        I have known some owners who have no idea they themselves are a member of the Owners Corporation.  Some think Strata is some
                          quasi semi government body who just come in and fix things up; anything.   I quote from the 2010 annual report of our plan to all owners:

                           

                          “Owners are also reminded that the Executive Committee is not some amorphous body, detached from the complex, which springs into action when there is work to be done.  Obviously the Executive Committee is made up of fellow owners working in an honorary capacity for the good of all owners.  It is not all knowing and can’t immediately resolve issues.  The EC needs to be kept informed on any problems owners might have with their properties because more often than not it will involve the common property. Communication is the key and any requests, reports, complaints directed to the EC will be acknowledged, taken to meetings of the EC and acted on. You are all encouraged therefore to get involved with the management of the plan, if not on the EC, then by being prompt in your advice to the Committee on property matters that concern you”………………”and please do not make any changes to the common property attached to your lot without reference to the OC via the EC”.

                           

                          The plea had little effect.

                           

                          3.        Many unit owners move into units because they can’t or won’t look after a free standing house.  They have little understanding of
                          even the basics of home construction and maintenance and many are forever running to “Strata” with even the most minor of problems.  Many of these problems turn out to be their responsibility.  Those which turn out to be the responsibility of the OC, are often caused by actions of the owner. I could give dozens of examples but a couple which are indicative  – “Strata, we have a mould problem. Please come and fix as I have two small children and am very worried about their health.”  On investigation you find out dryers are being run without venting or windows are seldom opened but the owners continue to insist the OC must fix the mould.  Or the owner whose unit has been flooded and on inspection you find the hoses at the back of the washing machine are that old they have perished.

                           

                          4.        Owners want privacy.  Understandable but this means access to fix up problems in their lots becomes a nightmare because they have
                          to be home!  They just point blank refuse to leave keys with the Secretary or a member of the OC who themselves are prepared to give up their time to meet with tradesmen.  So repairs just drag on and on and the EC cops abuse for the delays.

                           

                          5.        Despite attempts at educating owners as to just what constitutes common property many owners just won’t listen.  They refuse to
                          accept that most of their lot belongs to someone else and that the OC as the owner has rights.  As a consequence owners just go straight ahead and make changes without any reference to the OC.  Many of these same owners run to “Strata” when they have problems.  So you have the situation that it is my property when I want to do something to it but magically it becomes common property when I want it repaired.

                           

                          The best way to sum up the problems facing even the most dedicated of EC’s is that the problems with strata is that many of the people that live in Strata act as though they don’t.

                           

                          I think the only way to change the whole scenario is for there to be a paradigm shift in the thinking that surrounds unit ownership.  This can only be done with education of all stakeholders, professional strata management and training of EC’s.

                           

                          I also believe sooner or later office holders in EC’s will have to be remunerated due to the complexity of the many laws that relate to community living.

                           

                          It will be a long process.     

                          #13786

                          Struggler, JT, Easty, Gilgal 1, DITTO…….

                           

                          Unexpected Leigh,

                          The reason I put my hand up to be on the EC in my plan was because I WAS and AM prepared to accept a certain amount of responsibility including helping the Strata constituents as need arises. I meet the quoto and criteria and then some. There is a point where one goes above and beyond and has to draw a line somewhere. Committees volunteer time and efforts without pay.  It can be very stressful. And as above have jobs, family etc. Strata managers depending on what they are engaged to do get payed for STUFF. I do agree there are Committees and Managers that do not step up.

                          I am assuming you are not on the Committee? Try getting involved somewhere along the line if you aren't already. Have you attended AGM's? Are you on the EC and if not why not? Great opportunities for you to have your say. And perhaps be on the other end of the stick. If you have engaged one of the 'big firms' as you say in your original post they should be held to task. Perhaps you could look to the SSMA or some publication on DOFT website to give you a definition of the responsibilities of the EC but remember as an Owner you are also responsible so maybe you could volunteer some of your time to get the building back on track. As with my original reply to you I wish you the best of luck. Smile CBF

                          #13787

                          P.S. Best of luck, have fun in Saigon Jimmy. Thinking of you and soooo jealous! Cool

                          #13789
                          struggler
                          Flatchatter

                            It's good to know I am not alone Easty!  There are parallel universe complexes out there!

                            I too feel that people move in with great expectations.  I infact have friends who tell me they want to sell up to move into strata and have absolutely  nothing to do!  Some of our residents do not understand EC and OC differences.  So quite funny when they complain about the OC doing nothing – they are actually complaining about themselves!  And residents need to know they need to tell the SM/EC if they see something.  We had a water main break in the street creating a “waterfall” in the complex.  Residents had noticed it – but no one had contacted SM/Waterboard or anyone.  Apparently, that is for the EC members to do – if and when they should stumble across the problem!

                            I can't honestly imagine how any of these people would cope in a free standing house.  If everything is too for them in strata, how hard will it be when you have to do/arrange and pay for absolutely everything!

                            And regarding common property, half the time our EC spent on issues of addressing the use/misuse of common property.  Only to have the same people do the same thing over and over again.  What a time waster!

                            I definitely believe that there should be some kind of training for the EC. If an EC can be held liable for their decisions/actions and have to fork out money (as in bpositives case) then they should have some sort of formal training!  A certification of Executive Committeeism renewable every couple of years like the First Aid certificate. I also believe that EC members should have to sign a code of conduct for their own behaviours and to ensure no favouritism or prejudice in their decisions.

                            I have said previously that I believe that everyone moving into/buying into strata should have to sign a statement in which they acknowledge there are strata bylaws in place that should be followed and that they understand the nature of strata.  That may stop some of the “oh really, I didn't know – no one told me” scenarios!?  And it may make people stop and think if strata is for them.  Want to do your own thing 100% of the time – then strata's not your thing.

                            And perhaps there should be some decent remuneration for EC members.  You want someone at your beck and call – you can pay for it!  But don't think they  could pay me enough to put up with all that rigmarole.

                            I have seriously considered building my own complex with like minded people (I know of  4).  A place where people knew what they had to take care of, what they couldn't touch, what they do owned, what they don't, of cheery good mornings from neighbours, occasional gatherings, looking out for each other (whilst not being in each others pockets thanks!).  Just being good, happy strata neighbours!  I used to live in such a place.  I want to live there again.

                            #13791
                            FlatChatFan
                            Flatchatter

                              Well said Struggler.

                              I had no previous experience with “Strata” but fortunately I had a fantastic Conveyancer who explained things very clearly at Settlement of the purchase of my villa. 

                              I only remembered a fraction of what she said, but Flat Chat has been a great education.

                              It should be mandatory that Real Estate Agents know enough to let people know what is involved when buying into, or renting property owned by an Owners Corporation.

                              One place I looked at was obviously for over 55's, and confirmed when I read the Contract.  The place was advertised as “suitable for over 55's” but a lot of younger people were at viewings and seemed to think it would not be a problem.  In another instance, a 30 year old complained in our local newspaper how unfair it was when he was told that he could not live in the place he bought, as it was only for over 55's.

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