• This topic has 8 replies, 4 voices, and was last updated 4 weeks ago by .
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  • #11314
    AvatarFDH
    Flatchatter

    My query covers many topics I have already read here. I had to start a new topic.

    We have paid an enormous amount in legal bills over one small issue. The few costs disclosures do not cover it by over a hundred thousand dollars!

    How does anybody have a hope with a closed shop?

    The main issues are Crusted On committee, dereliction of duty to financially manage, and an unholy alliance with the strata managers to quash any complaints and make sure they hold their positions, year upon year.

    The obvious solutions don’t work.eg:

    1 Ask for a motion at the ECM or SCM as it’s now called.

    They don’t have meetings. One year we went without one for the whole year.

    The meetings including the AGM are orchestrated and minuted by the strata manager, and the minutes are often totally incorrect. Even down to narrowly contested and heartily argued motions being recorded as unanimous, and motion minutes worded differently to the actual motion, which entirely changes their outcome to the opposite intent of the vote.

    Too many to list.

    The more trouble the strata manager gets us into, the more the committee hides, knows that they are largely responsible, and they cover each other’s collective arses.

    Where to from here? Help!

    • This topic was modified 1 month ago by .
    #46415
    AvatarColonel Schultz
    Flatchatter

    Did you manage to resolve any of this. If so how did it play out?

    #46429
    Jimmy-TJimmy-T
    Keymaster

    The original post was in August two years ago … but FDH (the original poster) wrote to us just the other day on something else, so you never know.

    • This reply was modified 1 month ago by .
    #46749
    AvatarDaisy55
    Flatchatter

    Victoria. Same problem in my multi-use high-rise tower. Delegates running their private business in my residents lounge. OC manager accepts their eligibilty each year. Developer chose then with a total of 600 storage cages and car parks. Now they represent hundreds of foreign owners who don’t understand our Laws.

    I spent $6000 at VCAT looking for disclosures. No lease to the above delegates. Who lets them use our private propert for their office?  I can’t get these delegates out – 3 out of 5 chosen by owner – and they wont increase the numbers. They vote to keep me out every year.

    OC manager has signed away our property rights, and council had to show them the planning permit they never checked. There is a veil of secrecy here. How can we even budget when the OC  himself still controls us all? He just sold part of our retail complex that had our common property goods lift embedded in it! At present our cladding is so bad that State Government is managing it, and owner’s don’t even know.

    • This reply was modified 1 month ago by .
    #46852
    AvatarFDH
    Flatchatter
    Chat-starter

    Ah, good question. And a very good answer. Resolved!

    Removed all offending parties by 1) Confidential chat to the licensee about the SM and what was going on. Replaced. 2) New straight SM made possible above board AGM and proper counting of proxies. Presto.

    Not that presto – it was a long and hard process with a fair whack of cloak and dagger. I wrote over two years ago.  Had been working on the problem for a few years before that. Presently have been righting the sunken ship for six months. Our finances are still devastated, the hundred grand mentioned in 2017 escalated to more than triple that. Getting back on top of it will take a lot more work and changes to policies and practices.

    But all in all, a good outcome and getting there

    Result of a non-revolting revolt. 😉

    https://www.flat-chat.com.au/strata-revolt/

     

    #46859
    Jimmy-TJimmy-T
    Keymaster

    The most interesting part of FDH’s response is how they changed their strata manager without changing the strata management firm.  If I’m reading this correctly, a quiet chat with the licensee – the boss of the company – led to the incompetent SM being replaced.  This is an option we don’t look at often enough here on the Forum.

    Give the strata management company an opportunity to fix things before you go to the much more difficult option of trying to cancel the strata management contract (or run out it’s term).

    However, if they can’t or won’t see the problem, you know it’s time to move them on.

    #46867
    AvatarFDH
    Flatchatter
    Chat-starter

    I’m glad you got that point JT. It has been mentioned by several, including strata lawyers, that this is a novel approach but really it seemed the most obvious – if not the only option. Removal of the company would have been impossible without removal of committee, and that was impossible under the previous SM.

    The other point is that in a very large management company, the heads don’t micro-manage. They have no reason to – they presume. They can’t be expected to know what’s going on without communication – other than that from the recalcitrant employee.

    They are also very aware that they, as licensee, hold the can for any misdemeanors or even worse – unlawful acts.

    They will also want to keep their contract when it is apparent that they have a determined tide changer on their hands who will by hook or crook, change the balance of power.

    #46914
    AvatarDaisy55
    Flatchatter

    This is my post. Victoria.  Thanks but my problem is not with a person.

    It’s the OC management company who allow delegates to run their private business in our private foyer.  At appointment the Company signed away our common property to shops downstairs. It’s not about any staff member of my OC management company.

    The delegates were chosen by the developer,  the OC itself.  How can a company manage common property if they didn’t identify it on the planning permit?

    And the delegates don’t allow anyone else onto the committee. Most of the 500 owners are born overseas and don’t get it.

    • This reply was modified 4 weeks ago by .
    #46943
    Jimmy-TJimmy-T
    Keymaster

    this is a very confused post attached to another topic when it should have been a separate issue.

    I am going to start this in another topic elsewhere (when my plane lands).  But in the meantime you are confusing the developer with the strata manager and the Owners Corporation.  These are different entities, or should be.  So please resubmit with your problem spelled out more simply and coherently.

    This issue is now explained in more detail HERE.

    • This reply was modified 3 weeks, 6 days ago by .
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