• This topic has 7 replies, 4 voices, and was last updated 7 years ago by .
  • Creator
    Topic
  • #11427
    rhea
    Flatchatter

      Hi All,

      I am looking for advice regarding our EC and Special Levies.

      Introduction:

      • In 2016, I became a member of EC to a small sized block of 12 units, built in 1964.
      • Our OC has a history of poor budgeting and planning for building maintenance as a result of an ineffective management by the Strata Manager, Secretary, and Treasurer of EC.
      • On 1 July 2015, our first 10-year Capital Fund Plan (CF Plan) was prepared by Quantity Surveyor. This was done without consulting the owners and is inadequate. The inspection was carried out under the instructions of the Treasurer, and Secretary with help of Strata manager. 
      • In Oct 2015 a special levy of $500,000 was raised for all balcony remedial work-window upgrade that was not in CF Plan.
      • In Nov 2016 another special levy for $100,000 was raised to pay for works outside the scope of the Contract and was not in CF Plan. Most works were carried out to Secretary and Treasurer’s units and excluded other units due to insufficient funds. 
      • Current Capital funds = $18,000 and Administrative fund =$0.

      Our AGM is on 23rd Nov. This year there is a proposal for Special levy again for ceiling repair works that are not in the CF Plan. The Secretary has demanded the crack to her unit ceiling be fixed. The Secretary got the builder to inspect her unit and units on either side of her unit. The builder estimated the work would cost approx. 20k/unit. There are other units that require ceiling repair too. However, the remaining 9 units were excluded from the inspection. Therefore, I requested the EC and Strata manager for inspection to be extended to all the 12 units.

      I believe hefty special levy every year and not following CF Plan is a sign of poor planning and ineffective management. Also, some of us cannot pay lump sum amounts every year.

      My question is, would it be appropriate to propose the following because other 9 units are being again excluded from proposed works?

      For owners who are proposing new works outside the CF Plan to be undertaken immediately to only increase the market value of their units should avail themselves of the strata provision “Funds for specific purposes” where they can create funds for specific purposes where only those owners pay for the works who derive a benefit from those works or who demand those non-critical works.  Otherwise, all such works must be extended to all units, be a part of the 10- CF Plan and must be prioritized.

      I am looking for fairness and equity because all of us are paying for the works but the majority of units are excluded from the works.

      I have proposed the following agenda items to be included for upcoming AGM.

      Proposed AGM Agenda items 2017:

      1. Undertake Storage repair work for the 10 units that were excluded in 2016-2017 works.
      2. Undertake Financial Audit. (We never had one since 1990)
      3. Review the existing 10-year plan:
      4. Undertake internal inspection of all the 12 units e.g. for any ceiling issues. 
      5. Any new works required to be included in the 10-year plan to ensure adequate funds are available in the Capital Works Fund.
      6. If required increase the levy to keep in line with the revised 10-year plan 

      Any feedback is greatly appreciated.

      Thank you

    Viewing 7 replies - 1 through 7 (of 7 total)
    • Author
      Replies
    • #28544
      Jimmy-T
      Keymaster

        The problem isn’t that your funds are being used wrongly – to repair common property -it’s that they are being used unfairly to only benefit certain owners.

        It sounds like you need to get your chair and secretary off the committee and, if need be, apply to NCAT for either their removal (if they manage to get themselves elected) or for the the statutory appointment of a strata manager.

        There was a reason Fair Trading changes the name of the committee from executive to strata – and that was to stop people awarding themselves special privileges. 

        Communicate with as many other owners as you can before the AGM and let them know how they are being ripped off.  If they don’t have the good sense to sack these self-interested committee members at the AGM  then you may have to do it for them

        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.
        #28545
        rhea
        Flatchatter
        Chat-starter

          The issue is that these two individuals keep getting majority votes every year at AGM and the Strata manager fully supports them.

          There is only one other owner who agrees with me regarding how dysfunctional our strata committee is. There are few investors and they don’t seem to care.

          There is one other owner who agrees with me regarding how our strata committee is dysfunctional.

          I have even proposed getting rid of the Strata Manager. However, the treasurer told us that she is against employing new Strata manager because of her great working relationship with the Strata manager. Under such circumstances can Fair Trading still assist via the process of NCAT?

          Also, I was wondering if “Funds for specific purposes” for the ceiling repair work would be applicable under Strata law/regulation because it benefits only a few individual owners? 

          Thanks

          #28549
          scotlandx
          Strataguru

            Of course the Treasurer is not going to support getting a new SM, the current SM is doing what she and the secretary want.  As Jimmy says, it seems that certain Committee members are making decisions to benefit themselves – as a general proposition Committee members have a duty to act in the interests of the OC as a whole.

            Unless there is a compelling reason why they are prioritising works to their apartments in preference to other works to the common property, you should have grounds for challenging that.  

            I don’t think the funds for specific purposes approach is the way to deal with this, you have more serious issues.

            From what you have said it will be difficult to get the other owners on board, so i suggest you put the paperwork together seeking an interim order preventing the OC from proceeding with any works and lodge that with NCAT, together with a more complete application which may include a request that the troublesome Committee members be removed, and that a strata manager be appointed.

            Note that an application for an interim order has to be lodged together with an application.  Give Fair Trading a call and ask them if you have to wait until the resolution is approved at the AGM, or if you can lodge an application prior.

            https://www.ncat.nsw.gov.au/Documents/ccd_form_strata_interim_orders_application.pdf

            https://www.ncat.nsw.gov.au/Pages/cc/Divisions/strata.aspx

            When you lodge the application provide a copy to the Strata Manager, although he/she will receive it from NCAT anyway.

            #28550
            david2708
            Flatchatter

              I’d get in a structural engineer to assess the cracked ceilings. He has no vested interest like a builder would and can sort out the genuine claim from the spurious.

              I had to this  with a particular unit’s multiple claims and saved a lot of money in the end with what was genuine and what really was not.

              I also have the report as evidence if the owner wanted to make further spurious claims.

              #28552
              rhea
              Flatchatter
              Chat-starter

                I proposed engaging a structural engineering last years at the AGM. But the Treasurer, Secretary and the Strata manager argued that it would decrease the value of the units if it became a part of record in AGM minutes. However, I will try again.  

                I will also phone the Fair trading regarding lodging the application prior to AGM.

                Thank you everyone for your advice.

                #28556
                scotlandx
                Strataguru

                  You don’t need a resolution at an AGM to engage a structural engineer or other suitable consultant to advise on specific aspects of the building.  We have used experts to advise on a range of things, because there is no point in “fixing” something if you haven’t identified the underlying cause.  The SC can resolve to do that.

                  #28561
                  rhea
                  Flatchatter
                  Chat-starter

                    Thank you scotlandx.   

                  Viewing 7 replies - 1 through 7 (of 7 total)
                  • You must be logged in to reply to this topic.