Strata Law-common property

16,000 each holder. Two needed repair, but they decided to get them all done to match. agm had 2 different funding options, which were comfortable either way. however at the actual meeting they pulled out a third option, which was to pay up front. That was voted on, under ordinary, passed with 5 people present. 4 yesses, 1 abstain.

 

Head office? Of what? Why would that be a solution?

And you're not paying your strata levies in the meantime? What if you're wrong?

You should probably get legal advice asap.

 

Some of these businesses are franchises and the particular branches are run by completely unqualified and unscrupulous people. Some.. I don't know the exact qualifications everywhere but to be a Manager in most states you require no qualifications whatsoever. A common method these branches use to deal with their customers who have issues they don't understand is to completely ignore them.

If what they're trying first fails then, yeah, get legal advice.

The other tactic these branches use is to threaten debt collectors but they can't actually do that. If they want to do something about collecting these levies (which really should be special levies) the OC needs to agree to take individuals to the magistrates court. They almost never do that either. Only competent managers do that. Either way, it might end up there but it shouldn't. It's all too common though.

Incompetent management is so often a cause for owners turning on each other. Just work it out as an OC. Talk to your OC members or get your chair to call a meeting (don't ask for the managers to be present - they'll charge and they won't be useful) and work it out like human beings. It doesn't sound like this should be a cut-throat issue. At least try that first.

 

Which is it? Are they unqualified or unlicensed?

Depending on the jurisdiction it could be both. Linky

 

They are one of the biggest australia wide , i think. i dont want to name them
I am in the process of writing to the ceo , it will be presented at their next meeting. I will exhaust all avenues with them, before I employ a lawyer. yes, i have contacted a lawyer.
All my strata fees are paid and I will continue to do so, however am withholding the 16, 000 until this mess is sorted out. I will not be bullied into paying, even though they have tacked on late fees. They have also tacked this onto my account , therefore I am banned from future meetings for the time being.
I was told by lawyer of my right to seek compesation for legal fees if it goes to court and was found to be correct.

 

I have tried but it has got nowhere. They are avoiding having to deal with the issue. Two other unit holders were bullied into paying the money, whereas I will continue in my quest for errors to be corrected. I cannot call anything because they have tacked 16000 onto my account.
The area manager in adelaide was a bully, the conversation I had with him was outrageous. I kept my calm, but he avoided all questions and finished off by saying he was not interested in mediation, but they will take me to court. He called it a 'technicality' and that I should just forget about it.
Trust me after this is all over I am naming and shaming them on google.

 

"Strata Management in South Australia
Currently there are no licensing requirements to be a Body Corporate Manager in SA."

best of luck with it, keep us informed

 

So no, they aren't paid? This seems likely to be a bad move.

I'm not sure what you think a head office is going to do about motions already purported to be passed by a strata GM or committee.

If you want to get technical and "principled" about following the law, then you should at least try to do the same yourself. The time to get legal advice was immediately when it happened.

Generally speaking as a lawyer, I don't like getting calls from clients when for some reason they've delayed in contacting me since the initial problem arose, and I like it even less when I found out they've used that delay to instead dig themselves a into a hole that adds to the work.

 

Does the non-payment of special levies restrict the OP's voting rights or is it when normal levies see in arrears which suspends voting rights?

 

Yeah its possible that they do restrict. Depends on what the bylaws say and how the $16k was characterised.

Its also just possibly a bad look in terms of credibility.

 

Then pull them up on it properly. And legally.

You kinda sound like those tenants who complain about a landlord breaching the tenancy legislation, but instead of going to tribunal or issuing a breach notice - decide that not paying your rent is somehow the right way to go.

See my point?

 

i see what you are saying, however we are paying our strata fees as normal, its just the 16,000 we have not paid due to correct procedure not being followed. I am making one last ditch effort in writing to ceo, keeping short and straight to point, and giving 7 days to get back to us, as this issue , yes, as dragged on too long. After that we will employ the lawyer if needed, straight away.
It's not that we dont want to pay, more that we have other major works that need doing in the near future, and this needs to be rectified for future confidence in process.

 

Ace (now run and owned the PICA way). My favourite!

Probably both but they passed it as an ordinary resolution which is, out of the three things they could have done, the dumbest. So.. no vote. The accounting seems weird though. They've tacked on the entire amount on at once? Sounds like a special levy. Was it noted as such?

It sounds like it'll end up in the magistrates court regardless and that's going to promote tremendous harmony for the two groups of owners with different views.

 

No, it was not noted as a special levy. just $$$ for retaining walls.