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Jimmy T,
The whole sector needs a full overhaul and we all have to keep making noise about. The unwillingness of State to establish a commission or have a ” real ” look into strata may suggest the presence of ” conflicts of interest ” among the decision makers. Recently, a decision not the increase renter’s rights in NSW shone a light on the decision makers and their own personal positions as landlords of multiple investment properties as ” conflicts of interest ” but as usual the standard get out of jail excuse ” ..it was all declared ” was used. This declaration excuse seems to be the go to antidote for any conflicts of interest for Strata Managers and Government. We all know major ” conflicts of interests ” exists, it’s time to ditch that torch spotlight and use the SCG lights on the industry. Keep up the good work Jimmy T and hopefully someone will finally listen. Petitions !
G’day all,
Ahhh venting, yes when it concerns bad strata managers that’s all I want to do! and you need to release the frustration! and it is total frustration! A bad Strata Manager is bad, a bad strata Management Company is even worse as the attitudes are entrenched throughout the company. To all those frustrated, try to get other members on board to push forward your concerns, I know no one wants to be seen as the trouble maker but I have been in this situation where enough became enough! I was losing sleep at how we were being treated but it took a large remedial building project on our building and a hefty special levy to make others see my point. Our problem is not merely a poor strata manager but one of the owners on the committee is also the principal of the strata company that manages us ( believe me I’ve written to Matt Kean, the Minister for Better Regulation and Innovation, on how this is seen to be ok ). I would suggest to read the Strata Management Act, it is clearly set out in sections, drop a couple of clauses in your emails relating to a strata manager’s requirements or write a few emails to Mr Kean and fair trading. Get the other owners together and vote the strata management out next time their contract is up for renewal.
Good Luck to all those frustrated with bad strata management, flat chat is a great venting and supportive forum!
Hi Ethicsfirst,
I think that it is standard practice that the Strata Manager puts forward a contract for renewal of their services at an AGM. It is up to the Owner’s Committee to decide whether they will retain the services of the incumbent strata manager. The strata manager cannot vote for the renewal of their contract. Like politics the government cannot vote themselves back in but can nominate themselves for re-election.
Yes for sure Flame Trees the ” we ” and not ” I ” approach is good. Like other posts on Flat Chat, Strata Living and living in a separate House are two totally different animals and can never be compared, Although it is sometimes forgotten when there are repair and cost issues at hand. People must understand a Strata Scheme is a joint community and it’s meant to be all owners and committee members for the good of the scheme for everyone in the building. Good Luck, I hope more of your committee come around to this way of thinking.
Oh by the way Flame trees, I’ve still got an Ace up my sleeve a definite breach of the Act by the Strata mgr which I didn’t even use at the AGM. It;’s my security if they slip into bad habits again.
Hey Flame Trees,
I was in the same situation as you, the SC were overseen by a bully of a strata mgr who had a financial interests in the building and with his connected co owner and employee would ride rough shod over any others at meetings. I felt helpless as I was the only person who questioned decisions. At our recent AGM there was an awakening, 2 other owners appeared that we have never seen or met before. Unfortunately, their premier attendance was because of a major issue affecting their lots.
Nevertheless, we were able to turn the tide by demonstrating just how lax and unprofessional they had been, expecting no one to understand figures and projections, we had them scrambling to get copies of their own figures, which the principal arrogantly did not bring to the AGM. Owners that had never spoken in past AGM’s added their voices to the cause. It was priceless the sense of being vindicated, I wish this for you Flame trees!
You need a battleplan, as it often feels like a battle. Firstly, gather evidence of possible breaches of duties by Strata Mgr or SC, quote and state SSMA 2015 sections and clauses like 106 requiring common property ( your sewer ) to be fixed or liability for damage will be on them, Shum v. SP30621 to name a case. Ask for the Strata roll, you can get all the contact details for all owners of the building here. It is illegal for them to refuse you this, you can convey your concerns to other owners. Sometimes it is a long wait and when you achieve the numbers, you will realise it’s always been about the numbers in support. Also to save time on decisions about repairs being passed between mgr and committee Propose a spend amount for items that don’t require a meeting, Maybe $6k – $10K.
Alternatively just wait as Strata / management if left unchallenged for many years develop a sense of hubris and may do things which breach the Act. Wait and collect all these breaches then at the right moment ” on your command unleash hell !
Good luck
Hey Two Crows,
I think it may be 6-7 year Limit for defects liability / builder’s liability period. I think it’s also proof of when or if the defects that caused damage ” could have been reasonably seen in a normal inspection ” . Is Strata now seeking a ” Special Levy ” to fix these defects and not using the defects liability insurance? You could try ask the reasonable inspection argument, I’m no Lawyer but have seen this line of reply in some published articles.
You Should ask Jimmy T, that’s why developers have been barred from putting in a mate as the Strata Mgr as they would defer the the defects liability until the claimable period was over so their friend was free from fixing faults.
Cheers Jimmy T,
Good Advice, A good Strata Lawyer may be the next step but not until after the AGM to be held later this week ( which may be a doozy ). An Owner who we have never met before has made his presence known and is so peed off with losing his tenant and the current state of affairs will be in attendance.
Thanks Jimmy T for your reply,
Your Flat Chat Forum is great, I’m new to it but take comfort I’m not alone and stressing, there are others out there just as frustrated as I am with Strata living issues.
I have already been in touch with Fair Trading NSW and some of my concerns are actually with the SSMA 2015. They have assigned a customer service officer to me and have also sent my concerns to their policy specialists to advise on it (although this team hasn’t responded yet ).
Maybe there needs to be a greater discussion amongst the Public and Government into the Strata Schemes management. All I can say is email The Hon. Matt Kean directly and he’ll ( or staff ) will respond in about 9-10 days.
Maybe with enough questions, emails and complaints they will take our concerns with greater urgency. So I say Post it on Flat Chat but also email your issues to Matt Kean the minister of Innovation and better regulation.
Good Discussions All,
Hope my suggestions are of help RHM? I’m in a situation where myself and 3 other owners of our building ( the whole top floor ) have found ourselves without tenants and rent due to remedial works ordered by the OC, which has left the properties uninhabitable. We will probably be without tenants for at least 2 months or more. I know Strata’s Insurance covers against loss when common property defects, fire, storm, insured events cause loss to a tenant or owner but what happens if remedial building works organised by the OC causes the loss.
These works are not part of Building’s defects or warranty periods, these have already lapsed. If you read my other post ” an acceptable level of conflict of interest ” you will get the bigger picture of what myself and some other owners are dealing with. What do you think? would we have a valid claim for compensation or this may involve a Tort of Nuisance?
Cheers people, New to all this how do you ask a question?
Rhm, know your despair!
Don’t know how different the Strata management schemes ACT is to the NSW one but quite recently decisions have been appealed and overturned in NSW which has worked out in favour of the Owner against the Owner’s Corp. The case is Shum V. Owners Corp ( can’t remember Sp number ). There is an article in a Bannermans Lawyers website which mentions proceeding with the Tort of Nuisance against the OC. Cordata Partners had some encouraging articles too.