- This topic has 6 replies, 3 voices, and was last updated 2 hours, 54 minutes ago by .
-
Topic
-
Please Help!
A lovely couple renting our property have complained they are being harassed by our Strata Manager who notes every by-law and when they are deemed of breaching it. We are in a self-managed strata and in a small complex of three. We are in full support of our lovely tenants but are very new to this and are not sure how we can help them. We know they are quiet people who just want to live peacefully in their home.
Any suggestions welcome.
-
Replies
-
We are in a self-managed strata and in a small complex of three.
Self-managed, but you have a strata manager? Is this person in another role with a different title?
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.
You could send them a letter asking by what authority they are harassing your tenants and warning them that unless they stop, you will take action at NCAT.
If this person is claiming to be the strata manager and, especially if they are taking payments as strata manager, but they are not licensed strata managers, they are breaking the law.
If they have sent any emails claiming to be strata manager, reply asking them to show who appointed them, what qualifications they possess and how much they are charging the scheme for their services.
In the meantime you could apply to Fair Trading for mediation. And ask to see the strata roll which should list the names of all owners. If they haven’t provided that name, they are in breach of strata law and can be fined.
It sounds like someone who doesn’t know even the basics of strata law has appointed themselves to a position to which they are not entitled, not realising that they could get into a lot of trouble for having done so.
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.
Three units. One is yours. One you think is owned by the mother of the person claiming to be the strata manager. Then there is a third unit. Who owns the 3rd unit? Do you know them? If so, you and that owner would out-vote the other unit owner. Have you been having proper AGMs? Is there a strata committee? Are there minutes?
This was actually originally posted by Poppii (see below).
We are experiencing hell with a self-managed strata of 3 townhouses. The person who controls our strata wants to bring up our tenants breaching by-laws at the upcoming AGM. She is giving our lovely tenants hell on a regular basis and refusing to fix repairs in our townhouse due to her personal feelings.
However, we pay for a property manager (so we don’t have to deal with the devil herself). Am I able to direct these complaints to our Property Manager and tell her we will not discuss these at the AGM? Can she legally just use our AGM as a whingingfest?
Please please help.
NB: Before I copied this over here, this post started a new thread in the Forum rather than continuing this discussion on this one. This is bad form and I seriously considered deleting this thread. I wish people would just read the rules and follow them. We are not robots. There are no automatic replies and we have to manually combine the two threads (or delete the posts). Starting the same topic in a different thread means you are getting two sets of answers. As has been explained countless times elsewhere on the Forum all you have to do is hit the reply button on the existing thread. It’s that easy. Don’t double-dip. – JT
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.
- This reply was modified 2 hours, 53 minutes ago by .
Am I able to direct these complaints to our Property Manager and tell her we will not discuss these at the AGM? Can she legally just use our AGM as a whingingfest?
Who chairs the meeting? Do you have an elected chair? If the items aren’t on the agenda they shouldn’t be discussed. If they are, then you can tell her to pull her head in and maybe vote her out of her role (whatever it is). Your property manager may well tell you this is not in their scope of duties.
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.
- You must be logged in to reply to this topic.