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  • in reply to: EC meetings not required..says EC chairman #15416

    Please be assured that we are continuing to hold meetings – as I said in previous email – we just appoint an acting chairman. Again, my complaint is his behaviour letter dropping. 

    I would hate to think that the chairman’s intimidating and reckless comments would prevent us from holding a meeting.

    We are also trying to appoint a decent strata manager!

    in reply to: EC meetings not required..says EC chairman #15404

    Thanks for all your replies – especially Jimmy.

     

    However it got a bit off track – I don’t care if the chairman comes to meetings or not – we will just appoint someone else as chairman.

    I was just complaining about his behaviour writing to all residents by letter drop then again today my mail – not turning up to meetings as he doesn’t think they are necessary, trying to stop us from sacking the SM and generally being a pain – thinking he can run this Owners Corp in a dictatorial fashion the way he obviously behaves in the military.

    Surprised

    in reply to: Lawyer bashing a free kick for cowboys #15403

    We are in the predicament of having defects, a builder who has gone belly up, no home owners warranty. The legal advice to date ($5000) raises more questions – ie not sure who we can sue, if anyone, lots of arguments for the court but very murky. Half of us think we should fix the problems ourselves, the other half want to go down the legal path.

    This is a very difficult decisions for residents.Frown

    in reply to: EC meetings not required..says EC chairman #15383

    Thank you Jimmy!

    I am secretary and have enough people for a quorum for monthly EC meetings which are carefully minuted, but am annoyed at this guy’s antics as it confuses residents. The strata manager couldn’t give a toss.

    in reply to: EC meetings not required..says EC chairman #15381

    It is the secretary in the first instance, not the chairman, who must convene a general meeting – see below

     

    (3) The secretary of an executive committee or, in the secretary’s absence, any member of the executive committee must convene an extraordinary general meeting as soon as practicable after receiving a requisition for such a meeting signed by one or more persons entitled to vote in respect of one or more lots, the unit entitlement or the sum of the unit entitlements of which is at least one-quarter of the aggregate unit entitlements.


    However, my point is in relation to executive committee meetings – this chairman thinks he can do what he likes with no Agenda or Minutes and is spruiking this to residents.

    in reply to: EC meetings not required..says EC chairman #15379

    I should add that I am not against email forums for EC meetings so long as there is an agenda and minutes posted appropriately – but decisions in private and no documentation is a different matter- this has been the case here.

    I don’t know anyone living in a strata property without major defects.

     

    When you buy into strata, don’t forget your bucket!

    in reply to: Buying and Pets #15325

    I bought off the plan and had my two dogs and cat written into the contract and made sure they had option (a) ie exec permission required but cannot reasonably refuse..in by-laws.

    Once you in, it is difficult for them to turf you out.

    Who wants to live without pets.

    However, buying off the plan – very risky!

    in reply to: financial reporting to EC #15277

    I don't see why having access to income and expenditure should be an extra service. How can EC manage a tight budget without seeing this info. I keep my own budget on a spreadsheet. I would have thought any decent accounting system could easily spit this info out. It is not rocket science.

    Do other ECs just accept bottom lines?

     

    Thanks againCry

    in reply to: Pets #15267

    Get a copy of by-laws from strata manager. Unless you have the “no pets” option, the OC cannot reasonably refuse. Take it to mediation if necessary but check your by-laws first.

    Good luck

    in reply to: financial reporting to EC #15266

    Thanks for reply. We have huge defect costs and special levies. Last year the sinking fund was spent without any meetings advising owners until insurance needed to be paid – which required special levy.

    I find it impossible to plan if we don't have detailed financials. We are just working in the dark.

     

    Thanks anyway.

    in reply to: Selective misregistration of exclusive by-laws #15055

    I got some really helpful legal advice from Coleman Greig at Parramatta on the specific issue. I hope it will help us get rid of this incompetent strata manager. The signatures are being collected for the meeting.

    in reply to: strata managers registration #14989

    Thank you for that Jimmy.

    in reply to: The number of GMs in a year and workload on the EC #14967

    I think the AGM should be sufficient unless there is a need to raise a special levy, sack the strata manager etc. The old EC here had a GM to raise a special levy to pay the insurance!

    Under this legislation “worker” is defined below (includes contractors and sub contractors)- see Guide for Managers above from Grace Lawyers or go directly to the legislation

    Section 7 of the WHS provides as follows:
    (7) A person is a “worker” if the person carries out work in any capacity for a person conducting a business or undertaking, including work as:
    (a) an employee, or
    (b) a contractor or subcontractor, or
    (c) an employee of a contractor or subcontractor, or
    (d) an employee of a labour hire company who has been assigned to work in the person’s business or undertaking, or
    (e) an outworker, or
    (f) an apprentice or trainee, or
    (g) a student gaining work experience, or
    (h) a volunteer, or
    (i) a person of a prescribed class.
    (2) For the purposes of this Act, a police officer is:
    (a) a worker, and
    (b) at work throughout the time when the officer is on duty or lawfully performing the functions of a police officer, but not otherwise.
    (3) The person conducting the business or undertaking is also a “worker” if the person is an individual who carries out work in that business.

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