Can I pursue strata manager/owners corp for costs?

The strata manager is just there to manage the building on behalf of the body corporate. To my knowledge, the BC is still responsible in the same way an owner is responsible despite the actions of their PM.

 

The strata manager is employed by the body corporate, usually under a contract arrangement.

Have you formally raised this matter, in writng, with the BC? If not, do so immediately outlining the issue and the communication you have had with the strata manager.

Also ask for it to be put on the agenda for the next BC meeting, which you should attend.
Marg

 

The strata manager is like a PM, the owners have to instruct them on what to do........ok, I have stopped writing as above have it covered.

As said earlier, you need to find out what has happened prior and call a meeting and have this on the agenda, if your on the committee the strata manager should supply why nothing is being done or what needs to be done to allow problem to be rectified.

I have seen them do nothing when the instructions are mixed or say, for example, rely on getting 3 quotes and none of the quotes are accepted.

 

Ive done all that!

 

Make sure you have it written into the next agm to be discussed, aka turn on all ventillation fans to all units due to oh&s, i know its probably six months away, then its documented in body corp notes if this ever goes legal and say ex tenant sues due to health issues. So when the body corp ask for submissions you put that in. U can also change body corp managers, this body corp manager may have no idea in how to deal with it. So again u may need to put another submission in for a change in body corp managers, and put in three quotes as well. Thats if your not locked into a body corp manager. This will all be voted on in your agm.

 

Trouble is you can get owners who go on the committee who have no idea of how to run a building, no mechanical or other maintenance knowledge, if these owners don't want to spend the money on repairs then its hard for the minority to overrule them!

 

And sometimes inaction can be deliberate.

We passed on buying a lovely little unit once. It was in a block of 4 and beautifully kept inside, but the building showed signs of neglect - peeling paint, weedy paving and gardens, rusty railings, stagnant fish pond. Turned out one person owned two of the units, and I reckon he/she was hoping to pick up the other two relatively cheaply by letting the building run down. Seemed more trouble than it was worth.
Marg

 

Spot on and very frustrating!

 

Very true, but so few owners can be bothered to attend meetings or take any interest, let alone volunteer to be on the committee. So it is left to anyone prepared to have a go, or who reluctantly gets talked into it. Lucky to get enough to fill necessary positions so rarely goes to a vote.

If you don't like your committee's actions, do something about it. Attend meetings and volunteer!
Marg

 

That's where the strata Manager can overrule

 

Interested in the logic here. If the dissenting party has 50% of the vote ....

 

SNM, if the Strata Committee has any testicular fortitude, the strata manager is there to
take instructions not give them...

 

Just an update, since we have smashed the strata manager via email and threaten legal action the fan repair has been completed and they are also attending to other repairs. Interesting. As for my out of pocket expenses of $1600 they are trying to make a claim against the owners corp insurance as "loss of rent". keep you posted.

 

Absolutely agree with that. If you cant attend the meeting, at least take an interest and read all the Agenda and minutes of meeting, and better still, nominate yourself to be part of the Committee.
Are you self-managing?

 

Hi,

I am curious when you say 'strata manager' are you referring to a body corporate/strata administration firm? Strata/body corporate managers do not have authority to arrange repairs, no matter how many times you threaten them. Strata managers do not overrule anything. We keep the wheels turning and give advice to the committee, which the committee can and often does ignore.

A person or company contracted for caretaking service provision (i.e. an on-site building manager) may have a contractual delegated authority to arrange maintenance up to a certain dollar limit. If you do not have a caretaker/on-site manager, then you need to rely on the committee.

An owner's rights generally are to:

1. Raise a matter properly to a committee meeting
2. If that is ignored or the decision is not in you favour; raise matter again at AGM
3. If that decision is not in your favour; object to that decision to your state authority.

It is also not enough for an owner to say 'fix the exhaust system' - you should get a quote, and prepare a compliant motion to get that quote approved. Each owner is a member of the owner's corporation/body corporate and is jointly responsible for ensuring that the democratic process is working and that the system is functioning. At the end of the day, you elected the committee.

If you suffer loss as a result of the body corporate/owner's corporation and you took every step within your power, then I believe you should be entitled to some compensation.

Matt