Flat Chat Forum By-laws and outlaws Current Page

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  • #50450
    AvatarOwsley
    Flatchatter
    Chat-starter

    In relation to my first post elsewhere about our rusted on, faceless Sydney Strata Committee and Strata Manager ushering in a huge Special Levy for $340,000 at an electronic meeting under cover of COVID, I’ve been searching for a way to hold them accountable.

    I can get an EGM organised to reverse the resolution for the Special Levy or take them to the OFT and CTTT. But to me there are important issues of probity, transparency, governance and fairness, not just in this matter but in others as well. Pet SC member projects and neglect in other areas for example.

    It seems the NSW OFT and CTTT are only interested where it can be shown By-Laws are broken. Not so much in shady, shonky actions, lack of transparency, chairman’s eaves fixed but nobody else’s etc. etc. What can like-minded owners who feel disenfranchised do? Fast. Form an alternative rebel committee or something?

Viewing 8 replies - 1 through 8 (of 8 total)
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  • #51441
    AvatarOwsley
    Flatchatter
    Chat-starter

    Thanks for the suggestion Smoothoperator. You’re right of course. Fact is, I’ve been on the Strata Committee twice before and my missus has too. Back in those days, the committee was heavily involved and paid attention. After all ‘your block’s only as good as your committee’, as the saying goes.

    Anyhow, maybe we haven’t paid our dues. Maybe I’ll go again. Problem is the current committee and their seat-warming cronies have the game sewn up. Or so they think. They better just hope my missus doesn’t decide to weigh in again. Laughing emoji.

    #51435
    Avatarsmoothoperator
    Flatchatter

    Can’t like-minded owners band together and vote themselves onto the committee? Rather than expend all of your energy finding ways to hold them accountable for something they haven’t done wrong (you said yourself they haven’t broken a by law), why don’t you put your time to good use, have you and your allies join the committee and see that everything is above board. Who knows, you may even find a better quote for the windows yourself with all that energy? You seem to be getting nowhere with your approach try this one!

    Best of luck

    • This reply was modified 18 hours, 30 minutes ago by .
    #51260
    Jimmy-TJimmy-T
    Keymaster

    I’ve been searching for a way to hold them accountable. I can get an EGM organised to reverse the resolution for the Special Levy or take them to the OFT and CTTT. But to me there are important issues of probity, transparency, governance and fairness, not just in this matter but in others as well.

    OK, here’s your first issue.  Do you want to reverse the decision or hold them accountable – these are different but related issues?  Your fellow owners may well support you in the former but be reluctant to to get involved in the personal politics of the latter.

    My advice would be to get the 25 percent of owners’ signatures to call the EGM, have an agenda that has two items: 1. get more quotes, 2. Decide on a special levy or a strata loan to pay for the winning quote.

    Sort all that out and you will have a platform for fixing the problems with the committee, probably at your next AGM.  Try to do it all at once and the very real financial issues get lost in the fog of strata war and you will probably lose.

    If you think there is a chance they will push ahead with contracts, initiate action at Fair Trading and NCAT to reverse the decision and apply for an interim order to halt any further work until another meeting has been held.

    But once again, making this too contingent on personal attacks will probably blow up in your face.

    • This reply was modified 2 weeks ago by .
    #50590
    AvatarColonel Schultz
    Flatchatter
    True, but where are the penalties for breaches? What kind of law is it where ordinary citizens have to run civil cases to enforce the rights that are supposedly enshrined by it? Chocolate teapot!
    Exactly, and an expensive chocolate teapot at that by the time the “others” inevitably get involved. S.36 of the NCAT Act is a somewhat of a joke when it comes to strata.
    <h4></h4>
    As any good lawyer will tell you… never confuse justice with the law, they are two entirely different things.
    #50589
    Avatarrchin77
    Flatchatter

    Agree with you Jimmy, enforcement is always difficult. I am going through this right now with respect to how I can bring proper governance in my own strata plan. Compulsory strata mgt is fraught. Another possible way is to remove SC members – hence my query in another post as to how successful that has been for others.

    #50585
    Jimmy-TJimmy-T
    Keymaster

    When you read the Strata Schemes Mgt Act, there are various provisions for proper governance such as acting fairly for all owners.

    True, but where are the penalties for breaches?  What kind of law is it where ordinary citizens have to run civil cases to enforce the rights that are supposedly enshrined by it? Chocolate teapot!

    #50579
    Avatarrchin77
    Flatchatter

    When you read the Strata Schemes Mgt Act, there are various provisions for proper governance such as acting fairly for all owners. You can also inspect the books under ss 182 and 183.  The other thing is to ring up the OFT who can give you advice.

    #50487
    Avatarbrianpr
    Flatchatter

    One starts by gathering information – email addresses of residents, copies of SC and AGM minutes, full set of by-laws etc. Send the Secretary an email and hope he/she copies in the other Committee members in his/her reply. Then you will have all their addresses. Bombard them with complaints, but don’t say anything that might be defamatory – it is a favourite tactic nowadays to threaten defamation action to shut people up.

    Check the SC and AGM minutes on the SM’s website against those posted on your noticeboard. I caught  our Committee out for having two sets of minutes, one for them and one for public consumption. Caused them no end of embarrassment. Good luck!

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Flat Chat Forum By-laws and outlaws Current Page