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  • #11911

    unit complex in Qld

    132 units

    1 caretaker

    7 committee members 

    Issue: the caretaking entity has managed to buy off four committee members & at the upcoming AGM will have 7 paid for members in position.

    Caretaking incentives; paid for holidays.

    Reducion in fees.

    Guaranteed first on list to be rented. 

    The list goes on.

    The caretakers objective: 

    1- remove previous RAN (Remeadial action notice)

    2- place rights up for sale without issues from committee.

    3- obtain extension to agreement to add financial increase to sale. 

    Actions of caretaker;

    constant communication to lot owners in his rental pool defaming & running lengthy smear campaigns agains all who apose him. (Backed up by the paid for committee.

    Q-what are we trying to do to benefit all lot owners?

    1-changing from accommodation module to Standard module. This reduces the caretaking rights from 25trs to 10trs.

    2-Have the issues in the RAN addressed by the committee & caretaking entity.

    3-Have the committee enforce/address non compliance of the agreement between BC & caretaking entity.

    Our Biggest hurdle;

    out of 132owners, 10 Care about their units, only 3 live onsite.

    15 are paid for by the caretaking entity.

    the rest are non committed and so long as their rent keeps coming in. 

    Caretaker has 80% of rental Poole & pushes to the point of bullying for the other 20%.

    caretaking entity paid @ $195000 Per annum to carry out duties in the agreement.

    By not performing duties listed in the agreement the caretaking entity saves approximately $90,000 (we estimated this with professional assistance). 

    Our complex is looking dirty, tired & run down. The appartments are now selling for $170/180k as Aposed to 270k off plan & $360K after completion. The complex is 10yrs old.

    just a small (simple example). 

    Owner complains dead plants be reinstated under the agreement.

    caretaker refused, confronts the owner continuously attempting to bully. 

    Committee attacks owner, until owner backs down. 

    Another owner is offered a free trip to Singapore if he supports the caretaker in next upcoming AGM.  This owner is reluctant to confront this issue at AGM through a motion because of being targeted and bullied. 

    What it looks like will happen:

    Motion to change to Standard Module will be rejected.

    Extension to agreement will be granted.

    Caretaking entity will sell the rights at an inflated price.

    New caretaking entity will purchase the rights believing the complex is/will remain in current condition and the agreement was adhered to previously.

Viewing 6 replies - 1 through 6 (of 6 total)
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  • #30727
    AvatarLosezama
    Flatchatter

    Jimmy, A RAN is a Remedial Action Notice, which our Qld Commissioner advises we serve on service providers when they have breached the code of conduct etc. 

    Sanctuary, Please do not just accept that what is happening in your scheme cannot be changed. It’s definitely not OK!

    You have the opportunity to lodge an Adjudication Application with the Commissioner at BCCM Qld. When you write it  you need to state exactly what it going on and that the committee are ‘dysfunctional’ and must be replaced. You may have to ask to replace the BCM as well. Telephone the Commissioners information line on 1800 060 119 and get advice immediately.

    Failing that we have free Community Legal Centres in Qld and each one of those solicitors can write letters for and on your behalf.

    Next, we have a voice in ‘Strata Owners Speak Out’ (a Qld facebook group) and everyone can join that group and get support and advice from fellow body corp owners in Queensland. 

    Importantly, we must never, never, never give up!

    #30729

    Just an update.

    Unfortunately the caretaker has won out completely in this instance. 

    The extension was granted, His rental pool with the assistance of the committee members that he has paid for managed to out vote the rest. Those that opposed the caretaker with their own opinions were verbally harassed and abused in emails to the point where they just gave up. The caretaker and his crew sent out pre filled in voting papers. 

    The complete committee is now bought and paid for (All 7 members). These are now the very aggressive abusive sociopath types without reasoning abilities. If it opposes the caretaker it will be hammered down. 

    The Standard module was voted down in lieu of the accommodation module. This is just remarkable as the voting lines the pocket of the care-taking entity and reduces the overall financial benefits to all the owners. 

    The extensive campaign run by the caretaker and his committee was so vile at times people just had to leave the arena. 

    The previous committee members motion to have the ten year old building with defective render and block-work, (Which are listed as defects by the Queensland Building Construction Commission & is affecting our insurance) repaired was voted down as the caretaker opposed it.

    Stupid thing is the money is there in the funds to do this work without issues. One of the caretakers committee members has a friend that also quoted but was 180K more expensive, we believe that they require time to allow a moderation to the quotation to ensure the preferred suppliers get the work in this case. It’s all about kick backs with these people. 

    The RAN (Remedial Action Notice) will no longer be enforced and will be removed by the caretakers committee in the next meeting. 

    The management rights were put up for sale straight after the AGM now that the extension went through and the full committee is the caretakers. Once again these actions have lined the caretakers pockets only, with the actions of these people increasing the sale amount in excess of 500K. 

    Even less work is being done that’s covered in the agreement than before. 

    An anonymous lot owner has submitted a Work Place Health & safety form detailing unsafe work practices and the lack of a Work Place Health and Safety Management Plan that the Caretaking entity is to be in possession of.

    The Body Corporate is meant to also have a copy of the Plan. (Its in the agreement as well as WH&S Legislation). This anonymous owner is now being hunted by the committee members, starting with my wife & I because we live onsite.

    We are aware and always have been of the WH&S issues & received our first passive aggressive email yesterday and of course the follow up aggressive phone calls. We will keep all communications for when they are required. 

    On a positive note: We may have something to take to the adjudicators with the defects not being addressed with the forceful campaign to stop them being run prior to the AGM. Unfortunately after reading through so many decisions carried out by the adjudicators there are not too many positive outcomes for the lot owners, in fact hardly any. 

    #30750
    AvatarLosezama
    Flatchatter

    Sanctuary, you can’t give up – there are still options.

    Once you lodge adjudications they are there for all to see, and for the new caretaker to see before purchase. And they are sent out to all owners and once the facts are presented – owners may change their attitude.

    We are happy to chat with you and offer support in our group at ‘Strata Owners Speak Out.

    Link: www.facebook.com/groups/1830137970415314/about/

    Hang in there.

    #30488
    Jimmy-TJimmy-T
    Keymaster

    @Sanctuary said:
    Legal advise is to have the RAN enforced, however the committee (Caretakers) refuse to accept this and reject all requests to have the solicitors address the RAN, The RAN will never raise its head again when the complete committee is controlled (As stated by the current four committee members).
     

    What is the RAN?  And how would it be enforced?

    #30487

    Thank you JimmyT, we are working with the UOAQ on this topic and find their service incredibly useful. (Invaluable in fact). We would be lost without them. Any unit complex in Qld is crazy not to be a member. Unfortunately the membership is to be cancelled as soon as the full committee is owned by the caretaker this AGM. The other big push will be to replace the Body corp Managers to one that is more sympathetic to the caretaker. 

    Our advice to date is to raise motions in the upcoming AGM. this way the information is out there for the lot owners who read the minutes of the AGM (Which I fear is not many).

    Being slandered in newsletters etc to owners as well as bullied by committee members is not an enjoyable environment. 

    To date we have not attempted to re-dress any of the slander or to approach lot owners with any of the issues or explanations. This way it just looks like a one way street. The last thing we want is to look like complainers or whingers etc that’s the quickest way to get people to shut off to the real cause. A mail out or newsletter is being considered but very difficult to get a message across in the format as suggested by you to not disclose the perpetrator. However this approach is being adopted. 

    As soon as any information from the UOAQ is detailed to the caretakers committee members it is shut down and ignored and any non committee member who raises it are targeted. The caretakers committee members are extremely protective of the care-taking entity despite the obvious negative effects on their properties. 

    Category 1 defects are impacting on our insurance which the Caretakers committee members are either ignoring or stating lack of awareness by themselves simply means they don’t exist. We will most likely be non insurable as has been stated to us in the past by the only insurance Co’ that will insure us.

    We are currently looking into the legislation with regards to liability and the situation of Body Corp Committee members code of conduct and liabilities with regard to ignoring defects/maintenance issues affecting the scheme. 

    The other advice is too just accept the fate that the care taking entity is well supported by the advice of others within the system and that the system is tipped against the lot owner in this situation. With the Qld system the way it is there will be no win for us in this instance. Best we save our energy & sit tight until the system is changed/amended. 

    Legal advise is to have the RAN enforced, however the committee (Caretakers) refuse to accept this and reject all requests to have the solicitors address the RAN, The RAN will never raise its head again when the complete committee is controlled (As stated by the current four committee members).

    Anyway the real issue I guess is the system that allows care taking entities to take over the running of complexes and their committees.  Ours won’t be the only one that’s owned in Qld and the UOAQ is attempting to get the legislation changed. Laugh

    #30486
    Jimmy-TJimmy-T
    Keymaster

    This is a perfect example of why the legalised corruption of caretaker management agreements in Queensland is just wrong.

    But that’s no comfort to you. However if you have proof that even half of what you alleges – and I mean evidence that would stand up in court like emails or statutory declarations rather than rumour and gossip – you have a chance to do something about it.

    If so, the first thing I would do is to write to all your fellow owners and tell them how much they are losing in the value of their properties and how much more they could be getting in rent by having their building properly managed.  If you can do this without personally defaming the caretaker, the more effective it will be.

    For instance, you could say that despite this amount being paid for maintenance only that amount’s worth is actually being done, according to industry professionals. 

    And despite similar properties in your area being sold and rented for those  figures, units in your building are only attracting these amounts.

    This will make the majority of investors think and ask questions – because finance is the basis for their relationship with the building.

    That is very different from writing an email that says MR X is a liar and a fraud who is ripping you off – then you are asking people to take sides and most will go with the status quo, rather than rock the boat. 

    If people can see they are being cheated, they can then make their own decision about why this is happening.

    Consider going to the media.  You (and your supporters) will have to agree to be named, quoted, photographed  and interviewed, but that might actually be a protection from further abuse rather than a trigger for more.

    Finally, and most importantly, contact the Unit Owners Association of Queensland (UOAQ) who will know about dozens of situations like this and be able to advise you on the best way forward. 

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