OC with no manager, driven away by a PITA

Discussion in 'Property Management' started by Burramys, 4th Feb, 2019.

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  1. Burramys

    Burramys Well-Known Member

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    A Melbourne friend of mine lives in one of about a dozen units. In the last four years there's been four OC managers. One owner-resident is a PITA, seeing trouble and problems where none exist. He has taken a number of managers to VCAT, lodged numerous complaints about petty issues, and now says that he is the OC.

    I'm hoping to get the last four years of AGM minutes so a clearer picture can be obtained.

    One grievance was the insurance levy, done in a rush as there were no funds, the sort of thing that happens with high turnover of managers. I'm attempting to find out if there is insurance.

    Is there any way to rid a manager of such a vexatious pest? There is no manager so what of the funds? How can this be resolved/ I am not in favour of shooting him.
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    Restraining order?
     
  3. Burramys

    Burramys Well-Known Member

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    That could stop him, but I need further and better particulars of the last few years so I can make an informed assessment. There is also the option that the court appoints an REA as OC manager for, say, five years, in place unless there is evidence of fraud or the like. Most REA OC managers do a fair to good job, so I'm comfortable with a five year appointment. I'm struggling to find a statute that the court can apply.
     
  4. Ted Varrick

    Ted Varrick Well-Known Member

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    I'm not sure what the rules are in Victoria, but you and 2 or 3 other owners (at least 25%) should go see a strata manager and have a discussion with them about what your options are.

    This owner is definitely not the OC, despite his/her administrative fantasies.

    Who has voted this owner as Chair, Secretary & Treasurer, and under what valid meeting?
     
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  5. Burramys

    Burramys Well-Known Member

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    Seeing a local REA and asking if they can manage the property is a good idea. However, I need to see the last few AGM minutes too et a picture of the history. Given that one unit is a total PITA, any action needs to be very solid from a legal aspect.
     
  6. thatbum

    thatbum Well-Known Member

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    Maybe its just me, but isn't the obvious solution just to run the OC like its supposed to be run? Presumably the guy doesn't have any magical powers beyond that of a lot owner, so if he's such a pain, then just get together the more reasonable lot owners and use your voting powers to get things done around him.

    I don't get what the big deal is.
     
  7. dabbler

    dabbler Well-Known Member

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    Who appointed you judge and jury ?

    Get the owners together and get someone who will run the place and let them do things by the book, do not get caught up in the small personal squabbles or power plays.
     
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  8. Michael Mitchell

    Michael Mitchell Well-Known Member

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    As above, the OC just needs to appoint a head strong strata manager and also appoint a chair person who, when backed up by the Committee and the strata manager, can exercises the rights of the chair person with regard to Meeting CoC and put the PITA person in their place and let the job get gotten on with. Lot Owners can also vote to dis allow the PITA Owner from sitting on the committee and if already on can vote to remove the PITA from the Committee if they're in breach of the CoC.
     
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  9. Burramys

    Burramys Well-Known Member

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    Thank you for your advice. I am not judge and jury. I am preparing a report so that owners can act. At present they are somewhat fearful of the miscreant owner or take no interest. If after something like four OC managers in as many years the owners cannot act, maybe someone like me can assist.

    Certainly use their votes to quash the miscreant, but this will take a little organising. At present I am unsure of the facts and am collating data. I am aware of anecdotal advice that there's been a high turnover of OC managers. Apart from collating data and advising I have no role.
     
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  10. dabbler

    dabbler Well-Known Member

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    Maybe your missing what I am seeing...

    4 managers an no one really cares, but you can maybe save them and kick this pest.....

    Remove one and replace with another that wants to run things ?

    Just an observation, you are the only one that can sit and ponder that.

    I have done similar, but I had majority of owners asking me, prob because I have a clue with maintenance etc.
     
  11. Burramys

    Burramys Well-Known Member

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    Information is sketchy, but this seems to be what has happened. The PITA owner obtained three proxies for the December AGM. He then had a resolution that the OC manager services be terminated. As there was no quorum - very common - the resolution was not official until it had been seen by all owners in the minutes. The PITA has the minutes and will not circulate them. If this is so then the validity of the resolution is doubtful.

    Owners include a government agency, people with English as a second language, landlords and others that make getting interest in this matter very hard.

    I'm attempting to get further and better particulars but it's very slow indeed. Until the situation is clarified there's not much that can be done.
     
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  12. Tom Rivera

    Tom Rivera Property Manager Business Member

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    Body Corporate is more fun than politics, ha!

    Once you've collected your information you need to get in touch with the other owners and gather votes. There will be a number of options available to you with enough support, but the trick will be getting them interested.
     
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