Flat Chat Forum Another day in paradise Current Page

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  • #52601
    AvatarBeatriz Ugarte
    Flatchatter
    We are 10 villas,
    I was paying $700 and increased to $800 per quarter.(we received NO notification,just a one month late Levy Notice)
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    4 owners where present at A.G.M and 4 gave their “individual proxy vote” to the Chairwoman at our Strata Management who runs the A.G.M.
    (as we do normally every year)
    2 owner appeared  not counted for (no  explanation why that is).
    so instead of 10 votes only 8 voted,right?
    I received a (12minute) saying AMENDMENT TO BE  RESOLVED!
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    The question is:
    1.-Why are they able to sent the Levy Notice if it hasn’t been resolved?
    2.- Why the Strata Management in the minutes DOESN’T shows a list of all owners and their correspondent preference of vote  YES OR NO that took placed? so the absent  owner’s will able to SEE clearly how the vote where counted.
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    3.- Is there a law that protects owners from Strata Management and certain owners to get away with their preference.
    disregarding the one present by proxy?
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    I will be most appreciative if you indicate “a law” obligate to print out such a list result so I can see my vote respected specially
     when raising  LEVIES.
    (if there is no accountability ,corruption can be done easily if no reported) don’t you think?
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  • #52648
    Jimmy-TJimmy-T
    Keymaster
    We are 10 villas. I was paying $700 and increased to $800 per quarter.(we received NO notification,just a one month late Levy Notice)
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    Kaindub’s answer below covers the general gist but I thought I would break this down:
    4 owners where present at A.G.M and 4 gave their “individual proxy vote” to the Chairwoman at our Strata Management who runs the A.G.M. (as we do normally every year)
    The chair (or anyone else) in a 10-lot strata can only carry one proxy so three of the proxies were redundant
    2 owner appeared not counted for (no explanation why that is).
    Maybe they were unfinancial (behind with their levies) so their votes wouldn’t count.
    so instead of 10 votes only 8 voted,right?
    Wrong, as Kaindub explained, only 5 votes counted (or should have) because too many owners gave their proxy votes to the chair.
    I received a (12minute) saying AMENDMENT TO BE RESOLVED!
    What is a 12minute?  And “to be resolved” might mean that they haven’t yet worked out the levies for the rest of the year or there is another matter that will affect the final budget.  But yes, this is vague and confusing.
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    The question is:
    1.-Why are they able to sent the Levy Notice if it hasn’t been resolved?
    They have to send out a levy notice to get the money to keep the building running.  There is nothing sinister in this except that it smacks of inefficiency.  Subsequent levies could iron out any over or under-charging.
    2.- Why the Strata Management in the minutes DOESN’T shows a list of all owners and their correspondent preference of vote YES OR NO that took placed? so the absent owner’s will able to SEE clearly how the vote where counted.
    They don’t have to.  Maybe for next year you can propose a motiong that all votes should be recorded and noted on the minutes.  If the majority of your neighbours agree, then it should happen.
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    3.- Is there a law that protects owners from Strata Management and certain owners to get away with their preference. disregarding the one present by proxy?
    No, there isn’t.  But then the proxies here are a mess with, as we’ve said, too many being given to one person for them all to count.  Your chair should have rejected three of the proxies and suggested they were passed them to someone else who would be there
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    I will be most appreciative if you indicate “a law” obligate to print out such a list result so I can see my vote respected specially when raising LEVIES. (if there is no accountability ,corruption can be done easily if no reported) don’t you think?
    The only law that would require a record of votes to be taken relates to “poll” votes, where you count unit entitlements rather than a show of hands.  But, as I said, you could propose a motion to require this at future general meetings.
    • This reply was modified 1 month, 2 weeks ago by .
    #52644
    Avatarkaindub
    Flatchatter

    What is your complaint? That  the levies went up or that you think it’s not democratic?

    The amount of levies charged needs to supported by a budget presented at the AGM. The owners can then approve the budget or modify it and hence establish the levies. Remember that no matter the protestations of some owners, the costs of running the building are what they are. A diligent SM or committee can keep the costs down.

    Levies can only be charged if the motion is approved. It would be highly unlikely that a motion for levies would not be passed as the OC then has no income to pay its bills. (In corporate speak the OC would be insolvent).

    In a 10 lot strata, the SM can only hold one vote. So by your notes there were 5 votes present. For a normal resolution to pass only a majority of votes are required. So that means 3 votes would pass the motion.

    There is no requirement to record the voting of lot owners. In your case what’s the point? I know in smaller lots (like yours) the SM May record the votes in cases where there is a contentious issue.

    Why not approach the SM with your concerns? A good SM will take the time to explain what happened. If you can’t trust the SM then find someone you trust to help you understand what happened.

    If the motion for the levies has been passed correctly, then you have no choice but to pay, or risk losing your voting rights.

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Flat Chat Forum Another day in paradise Current Page