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We are providing professional services advice to the strata for an ongoing matter, that a professional would otherwise have had to be engaged for – as it just so happens we are industry professionals in this issue.
We have flagged with the other owners that, after a lengthy time of managing this, we will require some sort of financial arrangement be agreed to moving forward. So far exhaustive hours have been invested.
They refuse – however demand we keep delivering. To restart with an independent professional at this stage would be ridiculous, and costly. Yet to continue without some form of compensation for future works feels like we are being abused.
What options do we have? Two lots, both owners – so a strata vote isn’t the answer.
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The only option I see is refusing to provide the service. Recommend that they get another service provider. The strata can then get quotes to compare with what you charge.
The SSMA does allow owners to be paid for services to the OC.
There are two ways to be paid for your services.1. Go to a tender process for the services you say you are providing. The OC can then resolve to agree to any one of the proposals. You may be successful. Remember that due to the conflict of interest, you would be excluded from the tender review.
2. At the next GM put a motion on the table to be paid a sum in compensation. It’s up to the OC to agree and set the amount of compensation.
Recognise also that since it’s a two lot strata, in any case you are yourself paying half the cost of your services.
You probably need to also factor in that in you don’t get compensated and stop providing these services, then the OC will suffer some loss, of which you lose 50%.There are many committee members who provide valuable time and expertise to strata without ever getting any compensation. That’s the beauty of strata ownership.
Could it be that the other side doesn’t regard this work as being essential? I would present an invoice to the Owners Corp (not the other owner) for work done and a quote for work to be done, with other quotes for comparison’s sake.
You could then take the matter to mediation at Fair Trading if they refuse to pay, with a view to pursuing orders under Section 232.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
What is the “service” you are providing- gardening?
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