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  • #10690
    Faraway girl
    Flatchatter

      again we are having more problems with the initial owner / developer of our 14 unit strata scheme. Early in 2016 the developer advised us and the other owner ( only 2 Apartments had been sold) that we would need to pay 1/3 of the very large water bill received by him as we were the only people living in the complex. He said he would also pay 1/3 even though he only lived here part time. This was despite the fact that he had a full time maintenance person who was watering lawns sometimes overnight and from time to time left the hose on for days at a time . In addition to our quarterly levy we paid the developer our lot percentage amount ( 7%) of this water account . 

      Two more people have now bought in to our Strata scheme, the initial owner/developer has now sent our new neighbours and us an email stating that we are indebted to him and due to this outstanding debt we do not have the right to vote at the First AGM which he intends to hold shortly. He has also stated in that same email that he would not support our nominations for a position on the Strata Committee and as he has the majority vote then he will have the say, he says. He still owns 10 units and now intends to transfer one to his partner (who is an overseas country citizen) so he can retain the majority vote. 

      My questions are these  :

      1. How should we respond if he does not allow us to vote at the first AGM?

      2. How should we dispute his claims that we owe him money for the water?

      3. Should we apply direct to NCAT for an adjudicator to appoint a Strata Managing Agent so this guy can be removed from his position of “Owners  Corporation” during this initial period? 

       Your advice on this would be very much appreciated 

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