Your rights – use them or lose them

We hear lots of stories about over-zealous executive committee members who go too far, but what about EC s that do nothing.

One Flat Chat StrataGuru finds himself with an EC that avoids work with the creative indolence of a trust fund teenager, while his home crumbles around his ears.

QUESTION: “I have an EC who do not get around to doing any work, a complex that is need of repair, full of people who don’t know what has been happening behind the scenes (nothing) and assume someone else is getting the work done,” says Whale.

“So do I demand a time line of works from the EC, quoting the relevant sections of the Act, then tell them if they do not produce this I will take the matter further?

“Do I leave a note for all resident owners telling them the EC has yet again not arranged any works and they will produce more quotes for the same works at the next AGM for the third year in a row? Or should I do both? – Struggler via the Forum.

ANSWER: I’d do both, warning everyone that if they don’t shake up your EC, someone hoping to protect the value of their home will ask the CTTT for the statutory appointment of a strata manager.  Overnight they will go from a dilettante democracy to a less than benign dictatorship.

The Statutory manager takes over all roles in the management of the building, the owners – not just the EC –  have no say, no votes, no input.  And the biggest shock is that from nothing being done at all, suddenly everything is done strictly by the book.

The law says the Owners Corp must maintain and repair common property so work will be initiated and if there aren’t sufficient funds in the bank, special levies will be struck.

And don’t bother complaining  – no one is listening because the Owners Corp no longer exists in any real sense.

Your democratic rights are precious – use them or lose them.

You can read a case study about the CTTT’s appointment of a strata manager here although it doesn’t mention the fact that you also have to find a strata manager who is prepared to take on the role before you apply.

Is a statutory manager better or worse than a do-nothing committee? Join the discussion here.

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