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At the last AGM there was approval to register 6 exclusive car spaces and one storeroom with maintenance by resident. Five of the exclusive car spaces are contained in the contract and set out in by-laws which were supposed to be registered upon SP registration.
After several requests and listing this as “oustanding” on the EC minutes, the strata manager replied that they had been registered.
The strata manager refused/declined/procrastinated when I (as secretary asked for a copy of current by-laws. Eventually I bought a copy from the LPI. Turns out she registered only the storeroom – then incorrectly attributed the upkeep to a different resident who is not even aware of this!
I'm thinking of taking legal action against the SM now. Any other suggestions?
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As many a strata manager will tell you, they can only do as they are asked to do by the owners. The other side of that coin is that if they don't do what owners reasonably ask, they aren't fulfilling their most basic function. Unless they can give you a very good reason for not having done their job, you need to move swiftly and decisively.
Forget taking legal action against them (unless there has been serious damage done to your finances). That's a waste of time and money and gains very little in the long run.
Find a reputable strata manager, call a general meeting, sack the existing strata manager, appoint the new strata manager and reinstate the by-laws to the way they should be. Your new strata manager should be able to help with this process – if they can't, find someone who will.
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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