Issues with the OC and strata manager

DB, you have first of all multi-posted on variations of the same issue and now you have compounded the problem by repeating all your questions on the one post.
We’ll accept your excuse that you are new to this but this kind of thing is unacceptable (and may offer us a little insight into why your neighbours have stopped communicating with you). Nevertheless, in the interests of anyone who has been trying to follow this, I will try to provide some answers.

db said 

I live in a very dysfunctional strata scheme consisting of 3 lots. All 3 owners are on the executive committee. There was recently a disagreement between us on one issue affecting my proposed private renovation (which the other two did not agree with). After that disagreement, the other two owners and the strata manager have joined the forces against me on every single issue. They have completely isolated me, ignored me etc. The communications between the strata manager and the other two owners are not sent to me, even though I am on the executive committee too.

How do you know communications aren’t being sent to you if you don’t receive them and no one is talking to you?

Some specific issues are:

1.I have a problem with the strata manager lying in the minutes of the last AGM. I have repeatedly requested the manager to correct the minutes with no success. The manager just keeps ignoring my requests.
What are my options – how can I ‘force the strata manager to record the correct minutes?

Lying is a pretty strong word. If you think the discussion or your point of view have been misrepresented, send a letter to the executive committee asking that your alternative view be recorded for future reference.  Be careful about calling anyone a liar – that is defamatory and actionable.

2. The strata manager is not attending to my requests for repairs. I have broken tiles in the front and back of my town house. I have emailed her a number of times, but the manager keeps ignoring my requests. The strata manager treats the other 2 owners favourably and attends to their queries promptly. What are my options in ‘forcing’ the strata manager to start organising repairs? The other two owners will not support anything that does not directly benefit their own lots (town houses), and have joined forces against me.

The strata manager can only do what the executive committee instructs her to do.  If they won’t do anything then your recourse is through a Section 62 order against your owners corporation at Fair Trading and NCAT to maintain and repair common property.

3. Recently we appointed a new strata manager. I requested the strata manager to forward us a copy of the signed strata management agreement. The other 2 owners have got it, but not me. The strata manager keeps ignoring my requests for a copy of the agreement, and she treats the other two owners favourably. 
How can I ‘force’ the strata manager to send me a copy of the signed strata management agreement?

As an owner, you are entitled to see copies of any documents and contracts.  All you have to do is turn up at the strata manager’s office and pay about $30. If the strata manager refuses, complain to Fair Trading

4. Do EC meeting minutes need to be approved by all EC meeting members? Can an EC member just write minutes and send them to the strata manager without asking for my sign off? As mentioned previously, the other 2 EC members have ganged up against me and are pushing their own agendas avoiding me. So if I complained to them about the inaccurate minutes, they would just ignore me.

EC minutes are approved (or not) retrospectively by a majority of members of the EC at its next meeting.  Some ECs pass them round beforehand for prior approval but this is not required by the Act.

5. How can I call an EC meeting in NSW? I am not aware that we have a secretary, so can I just send an email notice of the EC? What is the minimum period of the notice prior the EC meeting?

I suggest you acquaint yourself with the Fair Trading publication Strata Living which you can download by clicking on that link.  Turn to page 22 and you will find all you need to know about EC meetings, including the fact that you require one-third of EC members to request a meeting and that 72 hours notice of that meeting must be provided to owners.

If you don’t have an elected secretary then the strata manger fulfils that role by default as every Owners Corp is required to have a secretary.

Can the EC meeting go ahead if the other 2 members don’t attend – should I just go ahead with the meeting on my own, make decisions, record the minutes and send them to the strata manager/other EC members? 

An EC meeting can’t make decisions unless half the members are in attendance (quorum).  The minority can have a chat but no effective decisions can be made.  The EC can accept proxies from other non-attending members but you must have a quorum first before proxies can be accepted by the meeting (as they must). In your case, you can call a meeting but if the others don’t attend it has no validity and your “minutes” would be meaningless

As mentioned previously, the situation is very hostile, and the other 2 EC members have joined forces with the strata manager against me.

Welcome to democracy but this is not a situation you can fix as long as you continue with your accusations of conspiracy and collusion.  You need to talk to your neighbours in a reasonable way or they have no reason not to shut you out.

What is the process of lodging a complaint against the strata manager?

You could try Fair Trading but without evidence of corrupt or illegal behaviour, you don’t have much hope … and even then!  If she works for a larger company, you could try complaining to her superiors

Can a strata manager be dismissed, if 1 owner is in favour and 2 are against the dismissal, due to the lack of service and a dysfunctional OC?

Why would you think a minority could dismiss anyone, let alone your strata manager? You clearly haven’t got your head around the idea that you are just a small part of a community where the majority view rules.

You could try to go to NCAT to have a statutory appointment of a new manager of your choosing but you would need to show a lot more reason that being “shut out”.  Usually it requires evidence that the fabric of the building is being seriously compromised or the Owners Corp is breaking the law or there is a level of fraud.  Is doesn’t sound like you are even close to any of these things. 

The law will protect the minority against unfair decisions (like refusal to repair common property) but otherwise, it’s a democracy and individual owners can’t expect everyone else to do exactly what they want.

The best thing you can do is to stop banging your head against this particular brick wall.  You are outnumbered and outvoted.  That doesn’t mean you have no say, it means you have to approach your neighbours in a more conciliatory way.

I strongly recommend you read Strata Living and then ask your neighbours if they will agree to take part in a Community Justice Centre (CLICK HERE) mediation so that you can all say what you need to, clear the air and hopefully move on.  

These bitter in-house battles are distressing, exhausting and no good for the value of your property.  If I were in your shoes and there was no prospect of a civilised agreement to disagree (at least) I would be putting the “for sale” sign up as soon as possible. 

And on that note, this discussion is now closed.