This topic contains 5 replies, has 5 voices, and was last updated by Daisy55 5 months ago.

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  • #12019
    Avatar
    Daisy55
    Flatchatter

    There are real estate agents controlling our OC with 100s overseas proxy votes.

    How do I write to their nominated postal addresses? I don’t want to alarm owners into changing proxies but these agents rent our residential lounge as their office and rule in their own interests.

    They have enabled the developer to break approved conditions of building permit and I currently have taken my own OC to Vcat for Mediation.

    I am in Victoria

    • This topic was modified 5 months ago by Jimmy-T.
    #30754

    The BC will give you a spreadsheet with all the owners contact details on it. You are entitled to the information. 

    #30756
    Lady Penelope
    Lady Penelope
    Strataguru

    Daisy55 – Fortunately the Victorian proxy rules (e.g.  the amount of proxies one person can hold at an owners corporation meeting is currently unlimited) are under review. I hope for your sake that they change soon to bring them into line more with NSW and QLD.

    #35718
    Avatar
    Austman
    Flatchatter

    Daisy55 – Has your VCAT case been heard yet?

    Did you win?

    As you probably already know, when all else fails it’s VCAT or the council that must be turned to.  And professional legal advice will help with those actions.

     

     

    #35719
    Jimmy-T
    Jimmy-T
    Keymaster

    Sanctuary said:

    The BC will give you a spreadsheet with all the owners contact details on it. You are entitled to the information.

    You are entitled to see anything that forms part of the strata roll. That will include addresses but they might just be the addresses of lawyers or agents. They might not include phone numbers and email addresses.

    Also, more generally speaking, Section 5 Of the Victorian Owners Corporation Act says this:

    5. Owners corporation must act in good faith
    An owners corporation in carrying out its functions and powers—
    (a) must act honestly and in good faith; and
    (b) must exercise due care and diligence.

    Operating out of self-interest is not acting in good faith.

    So what can you do? Well, you could raise a dispute with VCAT under Section 165 which is a virtual smorgasbord of potential actions you could take against a corrupt and/or incompetent owners corporation and/or strata committee.

    165. What orders can VCAT make?
    (1) In determining an owners corporation dispute, VCAT may make any order it considers fair including one or more of the following—
    (a) an order requiring a party to do or refrain from doing something;
    (b) an order requiring a party to comply with this Act or the regulations or the rules of the owners corporation;
    (c) an order for the payment of a sum of money—
    (i) found to be owing by one party to another party;
    (ii) by way of damages (including exemplary damages and damages in the nature of interest);
    (iii) by way of restitution;
    (d) an order varying any term of a contract or agreement;
    (e) an order declaring that a term of a contract or agreement is, or is not, void;
    (f) an order declaring—
    (i) the terms of a delegation; or
    (ii) the meaning of a rule of the owners corporation;
    (g) if an owners corporation is required under this Act to have a committee and a committee has not been appointed at or immediately after the first annual general meeting, an order appointing a committee of the owners corporation;
    (h) an order appointing (with the person’s consent) or revoking the appointment of—
    (i) the chairperson of the owners corporation;
    (ii) the secretary of the owners corporation;
    (iii) a member of a committee or subcommittee of the owners corporation;
    (i) an order—
    (i) appointing a person (with the person’s consent) as manager of the owners corporation, on specified terms and conditions;
    (ii) revoking the appointment of a manager of an owners corporation;
    (iii) imposing conditions or restrictions on the management by a manager of the owners corporation;
    (j) an order in relation to damaged or destroyed buildings or improvements;
    (k) an order as to the payment of insurance money under any policy taken out by an owners corporation;
    (l) an order requiring an order to be recorded in the owners corporation register, the register of managers or in the Register kept under the Transfer of Land Act 1958;
    (m) an order requiring the Registrar to amend the Register.
    (2) In awarding damages in the nature of interest, VCAT may base the amount awarded on the interest rate fixed from time to time under section 2 of the Penalty Interest Rates Act 1983 or on any lesser rate it thinks appropriate.
    (3) VCAT may make any interim orders and ancillary orders it thinks fit in relation to an owners corporation dispute.
    Note: Clause 51AD of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 provides that any
    member of VCAT can make a declaration in a proceeding under this Act.

    • This reply was modified 5 months, 1 week ago by Jimmy-T.
    #35814
    Avatar
    Daisy55
    Flatchatter
    Chat-starter

    Thank you. Seems the lease was directly with the developer. The committee members whose business use the room, not zoned for commercial use, have 100s overseas proxy votes, behind lawyers in non English speaking countries. No hope of contacting them without emails – which are private.

    I have to resubmit points of claim. Developer got building permit with conditions attached. He is represented by a majority on the OC who are compromised and won’t take him to task for breaches. I had to get council to notify all the intesterested parties of the breaches  A big Big case could soon be public.

    Need emails to contact all the lot owners. Privacy issues 700 lots here  mostly foreign. They don’t know or don’t care. They don’t experience the misuse of common property every day.

    It’s been stalled since 2014 oin a government department. Review is already out dated before being published. The relevant Minister said it wasn’t an election priority.

    Overseas investors have most of the 700 lots. I can’t get an order for their email.

    [Editor’s note:  FIVE different consecutive posts from this user have been consolidated into one. Adding random thoughts as they occur to you is just going to irritate other readers. JT]

    • This reply was modified 5 months ago by Jimmy-T.
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