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At our AGM last November it was agreed to raise $140K as a special levy to perform some restoration works on our 7 apartment art deco strata block. Since then, as chair of the EC I have tried to contact our Managing agent, who runs a small one-man outfit, to discuss block-related issues. No response. I have sent a series of voicemails and emails, the final ones urging him to contact me. No response. Another tenant has had troubles with guttering and has been trying to contact him for two months. No response.
We know he is around because he contacted the builder who will be untertaking the restoration works recently by email. He stated that he has been very ill of late and is only now resurfacing. Still no response to my emails. We are now concerned as to whether our $140K, and indeed our Sinking Fund and Admin Fund, are safe. I phoned the collection agent, Stratapay, and they told me they could give no information about the integrity of our accounts. We don't know which bank he uses, and none of us countersigns anything – it has been like that for years.
We are now of one mind – to change managers. We will have to have an extraordinary General Meeting to vote on this, etc. My questiosn are: how can we ascertain the integrity of our funds in the absence of any response from him? And how much notice do we have to give him if we vote at an extraordinary General Meeting (to be held asap!) to change management?
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Gee – that sounds like our old strata manager. We did change managers but had to give the obligatory 3 months written notice in accordance with the standard Strata Management Agreement, during which time of course nothing was done in relation to our strata requirements. But we now have a new manager, and whilst at a very early stage in our relationship, the difference is already amazing.
We did go through the process of the general meeting as required, and then, having got agreement, gave the written notice which commenced the three months notice.
You certainly have a right to demand to have the financial information you require – see the Strata Schemes Management Act 1996 No 138, Section 33 – Division 3 “Accountability of strata managing agent”. However, as you have indicated, we also had difficulty with communication. We found that our strata manager tended to ignore emails; and phone contact got a verbal response but not always followed up with action. So you may have to go down the path of a written letter hand delivered with a receipt required. Section 37 of the Act advises on the procedure to get this information. However I am sure the legal people on this site will be able to assist you further with that aspect.
Good luck.
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