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Yesterday I visited one strata with which I am involved. In passing I was told by a resident that he was told that big money will be needed “soon” to fix the roof, given its deterioration.
Note:
(a) This is the first I (as an owner) am informed that the roof is in need of extensive and expensive work;
(b) When I was informed, I was not told what exactly is the problem with the roof (even though I asked);
(c) There has over the years been no mention of this looming issue by the OC/SC/agent at any meeting or in any correspondence; and
(d) I am informed that the AGM will seek approval to raise funds to hire a contractor to fix the problem.
My question to Forum members: Does the OC owe a duty to keep owners abreast of issues such as this – when either the roofing problem come to the OC’s attention or when the OC begins examining the issue – and provide owners with time and opportunity to look into this themselves or can an OC decide and investigate on its own (for many months apparently) and spring on owners at the AGM motions to raise funds for such works with the job being undertaken by their preferred contractor.
Clarification: There may well be a problem with the roof. I am not saying there is or there is not. I am however aghast at the secrecy and opaqueness of the OC in this matter and the explicit inability for owners to look into the matter ahead of voting “yea” or “nay” at the AGM.
- This topic was modified 2 years, 3 months ago by .
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Replies
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(reply from Victoria). Sorry this is a bit of a story but it is relevant I think to your valid points on transparency. Please bear with me.
I was a member of my OC committee, one of seven or so. At my AGM in August 2020, in the middle of Melbourne’s ‘snap’ three month lockdown (well, one of them anyway), I was quietly sitting in my living room during the zoom AGM with the other OC members and the strata manager. Then during the meeting, the then chair announced he was stepping down and he nominated me as his replacement. No forewarning of this. Then the deputy chair and other members piped up in support. I said a very tentative…. um ok then…
Next day, I got an email from the strata manager ‘congratulating’ me on my election to chair and then I got maybe 10 attachments to an email detailing possible cladding works of the order of up to $400K that I had never been made aware of on the committee, and correspondence over some time that the chair and the strata manager had had on this issue and on legal risks etc. Email after email. As a committee member for the past year, I was unaware of any of this. Then as new chair, I was being asked by the strata manager to find a lawyer to represent the OC and find a building inspector to commission survey works of the site to examine the extent of the problem. I didn’t know where to start (where is my yellow pages??). I resigned shortly thereafter, it just become too stressful. I had my day job… and to spring this on me was a bit of a shock.
What this is trying to say in a roundabout way is that sometimes not even members of the committee are aware of what is going on, and that there may be a lot of things happening behind the scenes that the chair and strata manager are working on (perhaps with the committee) to get their ducks in a row. It could be that the other owner got wind of it, but it may not be a fait accompli as yet. They may not want to give incomplete information to owners – as when they do, they then probably need to certify it in writing if asked by a vendor or buyer (not sure if NSW have the same OC certificates as Victoria).
A simple solution might be a friendly phone call to the strata manager and see what’s up. They may not want things in writing, but you might be able to get some clarity that way on the phone. Just a thought. Best of luck with getting some answers.
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