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Our complex has only one member on the EC now. This despite requests to get a minimum of 3 included in the AGM agenda – requests that have gone nowhere. Our one member is overwhelmed. Now he has received a letter from an owner requesting the OC pay for repainting the internal area of his unit due to a water leak from internal plumbing- in 2008. There is no record of reporting any such leak. Nor is there a record or repair. This is not the first time we have had an owner ask for repairs to something that has happened years ago and not been reported or attended to by anyone!. This complex has always considered the leaking of internal plumbing to be the owners responsibility and have had a by law drawn up to indicate such. Is the OC responsible for fixing a problem that they do not/did not know existed years after it has happened?
As well, owners at the AGM would not approve quotes for essential works until matters in their own units were addressed. These problems have been inspected and quoted on, the EC has approved works to be carried out, but owners will not agree to get these problems fixed. The owners want a new report, new quotes. Too much for one person.
I personally have advised the one EC member to resign and leave it to the strata manager (not that we have much confidence in them!) Past EC members have indicated that they would not waste one more minute or lift a finger to do anything for the people in this complex (me included). Any suggestions out there? Besides buying lottery tickets and crossing my fingers?
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This would be my strategy:
1. Sit down and work out exactly what it is that you want your Strata managers to do should they be given the running of the building. Ask them how much this will cost.
2. Hold an EGM to empower the Strata manager to take over the running of the building, explaining to everyone what the additional cost will be. The one-person EC will then be retained as an advisory link with the strata manager.
3. Explain to the other owners that if they don't accept this plan, they will end up with the strata manager being appointed by the CTTT anyway, because someone has to run the building – the only difference is that they are much harder to get rid of if they are a statutory appointment.
4. Tell the strata manager that this is on a trial basis and that renewal of their contract will depend on how they perform.
5. Let them get on with it.
As far as the retrospective bill for repairs goes, give them the number of Fair Trading (13 32 20) and let them pursue it through that avenue. This is a try-on and they ought to be ashamed of themselves.
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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