am I entitled to view body corp minutes?

Discussion in 'The Buying & Selling Process' started by bucknaked007, 14th Jun, 2020.

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  1. bucknaked007

    bucknaked007 Member

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    Hi

    looking at an apartment auction next week, I've seen the general points discussed in the last AGM but no detail

    raised this with the agent who explained some of them to me but I want to read the minutes myself
    i requested again

    am I entitled to see them?

    Auction in Vic
     
  2. The Y-man

    The Y-man Moderator Staff Member

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    Minutes of the last meeting should have been attached to the S32

    The Y-man
     
  3. noomi_nooma

    noomi_nooma Well-Known Member

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    Full minutes from last meeting should be in the vendors statement
     
  4. The Y-man

    The Y-man Moderator Staff Member

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    ...Unless the OC is not active and they haven't done an AGM!

    Is it managed by a OC management company?

    The Y-man
     
  5. KateAshmor

    KateAshmor Victorian Conveyancing Lawyer Business Member

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    Yes. It’s a legal requirement that they include the minutes of the last AGM. If the minutes refer to any reports, you can request to see those reports.

    If they refuse to provide the minutes or reports, that’s not a good sign. What are they hiding?
     
  6. bucknaked007

    bucknaked007 Member

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    Hi thanks for your comments
    within the contract of sale and section 32 there is a breakdown of the meeting but the bit that interested me was 'general business' that was just bullet points, no detail
    see attached

    yes it is managed by an OC company

    the agent responded to my follow up email today and said they were working on it [finding the details for me]

    also my solicitor mentioned the annual meeting is overdue, probably because of the pandemic
     

    Attached Files:

  7. The Y-man

    The Y-man Moderator Staff Member

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    No details because they were just random points people brought up at the meeting and needs further investigation (chances are no further details were given by the people as they might have just sent emails etc).

    The Y-man
     
  8. bucknaked007

    bucknaked007 Member

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    yeah fair point I wondered that

    the agent did explain away the hot water issue though so I figured maybe some of these other items were ongoing
    I mean short stay? the block is 7 years old, surely this has been raised before
    the sound issues also interested me
    judging by the rest of the minutes everything else discussed was just financials and who had turned up
    the seller i noticed is also on the committee so it cant be that hard to get more info, unless like you said...all new points raised to be discussed
     
  9. The Y-man

    The Y-man Moderator Staff Member

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    A couple of things I notice:
    - Looks like a pretty big major development? I hope this is for PPOR not IP....
    - They are changing OC managers

    The Y-man
     
  10. bucknaked007

    bucknaked007 Member

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    241 apartments within 2 towers
    yes will be my PPOR

    changing after 6 years, yeah not sure why, they would have managed from day 1 or thereabouts
     
  11. momentum26

    momentum26 Well-Known Member

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    That’s quite high density. Keep in mind, capital growth will be quite slow.
     
  12. The Y-man

    The Y-man Moderator Staff Member

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    Another reason you may not get much info out of them - the current managers are signing off (not their job any more) and if a new one has been appointed, they'll be in info gathering stage.


    The Y-man
     
  13. bucknaked007

    bucknaked007 Member

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    I'm beginning to believe the people that tell me apartments in the city are a lifestyle choice not so much an investment
    We made a huge profit on the house in the burbs but I don't think apartment growth is great
    not that I have a wealth of experience
    since I've been searching to buy I've noticed that when you check out the property history quite a few apartments from between say 2010 and 2016 have actually lost money
    Not surprising I guess as there is a constant injection of more apartments into the mix with all the new developments
    still beats paying rent me thinks
     
  14. The Y-man

    The Y-man Moderator Staff Member

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    As long as it was built well and doesn't do a mascot tower or grenfell tower....

    The Y-man
     
  15. bucknaked007

    bucknaked007 Member

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    afternoon, so I was out bid :(
    price range was stated as $600,000 - $660,000
    last bid was $685,000 they thanked every one and went in with the highest bidder, never announced it had sold however
    the other agent asked me to stick around
    called me 10 minutes later and said would I match it with a shorter settlement date
    I declined

    dodgy or what? not how I thought auctions worked
     
  16. kaibo

    kaibo Well-Known Member

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    the old auction after an auction, agents work for the vendor (or should be)
     
  17. Melbourne_guy

    Melbourne_guy Well-Known Member

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    Theres a difference between 'working for the vendor' and a lack of transparency, dishonesty and lying. REA make an art-form out of the latter three characteristics.
     
  18. bucknaked007

    bucknaked007 Member

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    so was it legal?

    I may have been carried away/confused with my bidding limit in the heat of the moment but the final sale price was stated as $695,000, my last bid was definitely a $2,500 bid, I am 99% sure I didn't bid anywhere near $690,000
    could they have prized more money out of the bidder once inside?
     
  19. The Y-man

    The Y-man Moderator Staff Member

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    That sounds like it was passed in at $685k and the highest bidder had right of first negotiation which they did and agreed to pay $695k. Sounds all normal - did you perhaps miss the call that it was going to be passed in if no further bids?

    The Y-man
     
  20. bucknaked007

    bucknaked007 Member

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    nope, we actually got talking to some people afterwards that attended and they were the ones that pointed out it wasn't mentioned at all
    so the advertised price was $600 - $660, way below the price they were holding out for then...again, isn't that illegal?