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Hi from Victoria. The OC (developer SG) appointed OC management company (AM) in my multi-use property. A stakeholder in SG is senior manager of AM. Through this arrangement SG put their own delegates (X) into a controlling position on the AM committee.
On appointment AM signed away property that residents were to share with shopping plaza downstairs. AM manages both shops and residences. The negligent contract was signed between managing director of SG and managing director of AM.
This common property is specified in the Planning Permit. As a result, residents lost their onsite loading zone for peppercorn rent of $1 per annum. The loading zone has an onsite furniture lift that was to be shared between shops and apartments.
AM should know what common property is in the Planning Permit, especially as it is managed by an SG stakeholder , but after I arranged a Council inspection, AM staff claimed to have had no idea!
2 years after I moved in, X opened an office in the residents meeting room and X have 3 men controlling AM. They have no known lease of this room.
By keeping control of AM with the help of X, SG has onsold shops with the residents lift embedded in that title. (The word ‘Resident’ was missing when PS was first registered.)
As I can’t personally afford a VCAT case (some $150,000), I need 500 apartment investors to get angry and change their proxies away from X, who are benefiting from their position by running a real-estate monopoly in a room off my front foyer. Investors are mainly Chinese-born and have no idea of our OC Act or Planning Permits.
Does anyone have thoughts as to how I get X out, or remove AM? Is it constitutional for SG to have a shareholder in his business as the manager of AM?
The new purchasers of shopping plaza are rather shocked that the lift is not exclusively theirs.
Council issued AM Orders that they must allow resident’s furniture trucks to unload at that lift, but Council won’t enforce these Orders. Don’t know why!
So residents have now been duped for 7 years that they don’t have an onsite goods lift.
Has anyone dealt successfully with such a situation?
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