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Ten years' familiarity with the secret-society posing as residents' committee members would have prompted me to pursue a number of issues re: committee members' eligibility with the Office of Fair Trading — had I one skerrick of confidence in that Office
' Management Statement ? What's that ? No, I haven't read it so I don't know what it says '. I've heard that more times than I can count from residents' committee members – at least in our community
This no doubt explains the numerous ways in which members and committees generally contravene said Management Statement
Apparently, strata and executive committees and their members are laws unto themselves. They make the rules and they break the rules. Their education may have permanently ceased at Grade 5. They might be congenital idiots – or ex-felons. Some might have been con-men all their lives. Others may have extremely low IQ. But no matter – in NSW at least, anyone (including a monkey's uncle) may be an active member of a strata or affiliated committee. Freemasons and other secret societies have nothing on our mob. They rented out our purpose-built strata meeting room to an individual – without consultation with the residents who all own a portion of that meeting room. Who knows who pockets the cash. Then, our secret-society committee members hold secret (naturally) meetings in a private apartment – entry to which can only be gained via a 'secret knock' ! I kid you not
For ten years, they have refused to post committee members' names or any contact details for the committee. Individual committee members arbitrarily 'give permission' to various residents and withhold it from others. For example, all committee members had air-conditioners installed on their strata properties. But when a man whose wife suffered a severe allergy applied umpteen times for 'permission' to install an air-conditioner, his application was repeatedly rejected, despite that he shared a common wall with one air-conditioned committee member and lived across the path from three other committee members who likewise enjoyed air-conditioned comfort. All the properties were identical, by the way. Other residents were 'allowed' to install air-conditioning – if they were amongst the favoured few
Such gross abuse of committee-power is rampant here. Corruption too. So why hasn't it been investigated and curtailed ? Maybe the fact that one of the most abusive of all is employed by the Office of Fair Trading ? Oh, I could write a book. Still have all the documents. The corruption went all the way to the top and spread sideways through NSW govt. NSW Ombudsman's Office is implicated and ICAC, not to mention State MPs.
So yes, a monkey's uncle could well be accepted as a non-compliant member of a strata or community-association committee. Guess it would all depend on who the monkey knows …
Would we ever purchase a strata property again in NSW ? No. We've owned strata properties in Queensland and everything was above board. Same number of properties were involved (approx. 50). And I dare say there are some well-run and law-abiding strata committees in NSW, although we wouldn't be prepared to risk the chance that one or more committee members might be employed within the incongruously-named Office of Fair Trading !
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Am tired of strata too! Am struggling to tolerate it! I dread what I will find each new day – what matter will have to be chased up by the “moron du jour”.
We have someone on the committee who self nomiated and is the rescipient of numerous notices to comply before getting onto the committee and we were told that you cannot object to this person being on. This person has continued to breach by laws and has sent out a notice to another resident for something that this person was doing as well!
I believe being found in breach of should result in an immediate removal from a committee (no votes from owners thanks – our owners don't respond to voting on anything but 100% of them whinge). A person should be free of any breach of any kind for a period of time. How can you ensure by laws are followed if you don't do it yourself? I also think that someone buying into strata (or about to rent in strata) should have to sign a document that yes they understand about by laws, they understand that you can't break them, that they understand they can't do whatever they want in strata.
I suggested to our EC some time ago, when the first “offender” moved into our complex that we should give any new resident an IQ test first. They laughed saying that the 6 of us would be very lonely here! With the number of “breachers” now in the complex – they aren't laughing anymore.
Fortunately since most monkeys don't own apartments (and if they did couldn't sign the nomination) not many of their uncles are getting onto strata committees.
But, there are many committee members who either do nothing to assist the running of the strata corporation or (worse still) actually cause harm to the building and owners' interests.
There's not easy answer … since it's only through education to increase owner knowledge, understanding and appreciation of what it means to be in a strata scheme that things will improve. And, since being on a committee is largely a volunteer role with very few volunteers out there, anyone who wants to be on a strata committee will usually get on.
Some interesting developments and stories around the world include –
- Florida where committee members must now be certified to have basic knowledge of thier strata corporations by doing an approved course.
- The very rare cases where committee members have been sued for negligent and poor decisions.
- Queensland where there is a code of conduct for committee members.
- Suggestions that there should be professional committee members who act like independent directors in public companies – with good knowledge of strata operations and no self interest.
- And the bizzare case in the USA where an owner's dog was actually elected chairperson of the community association through owner apathy.
So, maybe it's the fault of the system, owner apathy and committee laziness?
After all if you pay peanuts, you always get monkeys.
Francesco Andreone …
I had to laugh and cry at the same time!! Our problematic exec committee has been dominated by the one person for 25 years! And guess what he is a CTTT Tribunal member. New owners cannot get on the ec and be proactive unless you agree with him. He dictates with the use of proxies and puts a motion on AGM agendas that there only be 4 on the ec-being himself and his 2 'supporters'.Anyone else get abused and defamed. He bends the rules to suit himself saying 'you have to apply a broadbrush stroke to the SSMA'.
As for the OFT. They released an owners private information during the 'mediation' paper process which this character took advantage of and then circulated to all owners.
A formal complaint to the Chairperson of the CTTT is dismissed by stating that he is acting “as a private citizen”.
There has been a history of sales to get away from the dominance of this person. Verbal abuse and threats to a female ec member, in a meeting on the common property forced her to seek an AVO from the Local Court.It was applied instantly. Her letter to the OC requesting the behaviour to be dealt with was rejected by this character as the AVO is against his mate who continued to attend meetings as an ec member.He also gets paid yearly for being on the ec!
Simple requests for maintenance are not attended to but he has decided on a $2000 'special levy' so that the roof on HIS building can be updated. There is already sufficient funds in the bank to deal with that job. Levies, despite being low, still add up if you don't spend! And the books have NEVER been audited.
His supporters can put air conditioners on common property without written application or approval but woe betide anyone else trying anything without “permission” then suddenly the Act is quoted.His 2 supporters declare they don't need to know what s62 is as they “have the advice present”.
There is currently a joint application in to the CTTT applying for an Order to appoint a licensed strata manager. It was lodged 6 months ago. This person makes declarations in a meeting revealing that he has knowledge of our application but we applicants can not get an answer on why it is taking so long.
So I agree, living in NSW strata is a nightmare where you have many obligations but no rights and certainly no assurance of assistance and fair justice from the “regulatory body”, the CTTT.
How cool to be quoted on a tee-shirt. Suddenly I feel like I am part of pop culture. Shame you spelt my name wrong (Jim Thompson with a P would be selling silk teeshirts), but hey, you can't have everything! The teeshirt is here and the rest of the site is very stylish too. Wear the teeshirt at EC meetings by all means but not, dare I suggest, at Tribunal hearings.
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.
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