Flat Chat Strata Forum Strata Committees Current Page

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  • #9059
    Ancestor
    Flatchatter

      For the last nine months. the Executive Committee of our strata has adopted a policy of telling its owners as little as possible. It has held no meetings to process its decisions (except EGMs where necessary to strike special levies or appoint strata lawyers); it no longer issues newsletters on corporate activities; now it refuses to respond to reasonable requests from owners, sheltering behind a by-law it discovered.

      Under a section of the by-laws, Laws and Instruments, this subsection headed Applications, says: “Any application or other communication by an Owner or Occupier to the Owners’ Corporation must be made in writing and delivered to the Strata Manager.”

      The model by-laws contain no such item; it is not known how or why the developer included it, but it could scarcely have been intended to prevent and prohibit direct communication and exchange of information. That is how it is now being applied, to frustrate access to information, refuse answers to reasonable questions, and to require owners to spend s.108 fees every time they require information about their affairs. What makes it even more unsatisfactory is that important documents and correspondence are not transmitted to the strata manager, and are therefore unobtainable by search. (The strata manager was changed; unlike the previous SM, he does not provide on-line access to strata records for all owners. This conveniently controls information and keeps owners in the dark.) 

      What we have is an example of a totalitarian state, in which the Executive Committee, secured in power by farmed proxies from indifferent, complacent or compliant owners believes it has no responsibility to answer to owners. This is an issue of governance on which the Act and the CTTT seem both powerless or unwilling to provide relief.

      Suggestions?

       

       

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    • #19627
      Millie
      Flatchatter

        Looking forward to replies and suggestions.

        Our EC/SM/Caretaker never answer correspondence on questions relating to Insurance/Security/damage to building etc, etc.

        The CTTT dismissed a 1,000+ page submission so it seems there’s nowhere really to go except to mount a reverse ‘proxy farming’ operation and try and take over the EC.  Easier said than done ‘me thinks’.

        #19693
        alley cat
        Flatchatter

          Go for it and roll these guys. This is not a short term project and will take alot of work, but it is most definitely worth it. 

          Our society is founded on democratic principles which include civic action. The steps are:

          1. Talk to you neighbours – basically anyone who will listen, about all of the below.

          2. Submit your questions / requests for information / action to be taken to the EC in writing and keep track of all your correspondence. These form the basis of informal conversations with neighbours, don’t discriminate – talk to anyone and everyone, including those who may be on the EC (sounds like you may not know who these are?) Be nice, but ask lots of ‘dumb questions’ strategically. 

          3. Phone and email the strata manager regularly, ask strategic questions politely and nicely. 

          3. Use the advise line at the CTTT, (I am in NSW) and ask them questions about any issues / concerns you have. Call back and ask the same questions again if you think you are being fobbed off.

          4. Turn up to every meeting – EC / AGM, especially EGM/ AGM. If at all possible actually get yourself onto the EC at the AGM. Ask the strata manager how this is done, then ask the CTTT also. Do it properly so that if you manage to get on the EC this can not be disputed. This may not be possible. 

          Hopefully by now you now have a couple of other owners who are equally concerned.

          5. Get a copy of the strata roll, check with the CTTT how to do this, and then write carefully to all owners about your concerns, based on the evidence you have been carefully collecting over time. Time this strategically to coincide with the AGM. 

          6. Make sure there are you have organised for the inclusion of appropriate agenda items on the agenda of the AGM that allows progress to be made, this may be the rescinding of that troublesome by-law. 

          If there are no AGM’s happening then there is a whole different process, which others will need to deal with.

          7. Good luck.

          This process (hopefully) works if your are reasonable and nice, it is about the silent majority exerting their right to be governed in a responsible manner. This is about majority decisions, that is how democracy works, but there is nothing to say that good bit of lobbying can’t happen, based on information that is legally / strata correct.

           

          Alley Cat

           

           

           

           

          #19704
          Whale
          Flatchatter

            Ancestor & Stumped – 

            Your Executive Committee (E/C) is required to hold Meetings in order to as you say “process its decisions”, and before those are held the Secretary is required to produce a written Agenda and to either distribute that to every Owner a minimum 72 hours in advance of the Meeting or place it on the Owners Corporation’s Notice Board if there is one on-site; that’s the Law and you and every other Owner has the right, either collectively or individually, to enforce the E/C’s compliance with that through formal mediation conducted by the NSW Office of Fair Trading and if necessary through Orders issued by the NSW Consumer Trader and Tenancy Tribunal (CTTT).

            With regard to the By-Law (actually a Special By-Law), you need to initially ascertain by enquiries to to NSW Land & Property Information (incorporating the former Land Titles Office) that it’s been properly Registered on the Strata Title, because if it’s not then it’s not legally enforceable.

            If it happens that the Special By-Law is Registered, then you and/or any other Owners can seek Orders under Sect 156 of the NSW Strata Schemes Management Act (SCMA) to require the E/C Secretary to supply whatever documents and records you believe have been withheld as a consequence of those not being made available to the Strata Manager.

            The CTTT is not powerless to act, they cannot be unwilling, and in fact their sole reason for existence to assist your Owners Corporation (that includes you by the way) to comply absolutely with the provisions of the SCMA.

            There’s ample information on this forum to explain the process that you and/or other Owners need to follow, but perhaps post again if you need any more specific advice.   

            #19738

            I agree that there is an issue with not holding regular properly convened meetings but…

            Re newsletters stopping, who has been writing/editing these newsletters in the past? This is often a committee member or other owner volunteering their time So if this person no longer has the time or inclination to do this then fair enough. If owners are aggrieved with this suggest to the committee that you would be happy to assist with this.

            Regarding the by-law, it sounds to me that the developers of your strata scheme opted not to adopt model by-laws but to register their own set of by-laws. This is common and should ensure you have a set of by-laws appropriate for your specific strata scheme.

            Why is this by-law so bad anyway? Doesn’t it make it more transparent if all communications are in writing (especially since email is an acceptable form of written communication)? Won’t all documents and correspondence sent to the strata manager become records of the owners corporation and available to any owner wishing to inspect the records? 

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