slicendice

Well folks. That’s a wrap on this campaign. It was a total bust. I was completely bulldozed at the AGM tonight. None of my motions got through and so we no longer have a “shared recreational space” – instead we’ll get another clothes line instead. On the up side I might not lose my little garden which sits on common property, as in that respect everyone chose to maintain the status quo.

Thanks for all the great advice!!

Hi guys… just thought I’d give you an update (as @JimmyT said people like to know the resolution of the story)

While we’re not in the last chapter quite yet there has been some movement.

@TrulEConcerned I submitted four motions for the AGM and they are all in the Notice of Meeting , which was sent out today. I’ll be curious to see if people actually read the full text and appendixes… but anyway…

The committee decided to delegate the strata manager to represent them at mediation (after she explicitly said that’s not in the agreement – she charged $180 for the pleasure). My partner made a mistake by not declaring my presence (I was in and out but heard it all) so there was an overly dramatic claim of “breach of confidentiality” (what are they thinking???? we share a bed F%S!!), but what was more interesting was the attitude and demeanour of said strata manger during the discussion – sarcastic, contemptuous, utterly non conciliatory, IMO totally unprofessional.

I have repeated my complaint to her boss (I did not receive any response to my first complaint). This time I citing the areas in of SCA code of conduct I believe she breached. The SM then claimed, in a subsequent email, that my desire for a common recreational area is not held by a majority of owners. When I enquired how she knew this she cited the committee – go figure.

Anyway, I am trying to rally round the neighbours who I know DO want to sort things out, and we’ll just have to leave it to the OC. It will be interesting to see who attends the AGM

Oh, and on that point… and the Strata manager has scheduled a zoom meeting, even though the people who ACTUALLY attend the AGM (at least statistically over the last 10 years) all LIVE ON SITE!!!! (facepalm emoji)

It’s very disheartening… I will stand for committee again and try to institute a new way of doing things with transparency and accountability. Wish me luck!!!

Jimmy-T write

Hmmm.  Go in with that attitude and you are likely to lose. Even those who don’t want to get involved will join the defensive cluster.

I know… you’re right. I was particularly disheartened when I wrote that.
the problem I have is that the strata manager is applying the letter of the law – but does not appear to be taking account of the history of the property. The committee is simply not communicating with me. No one responds to direct emails and my direct next door bright out on the committee simply pleads ignorance!!
At least my motions are going to the AGM but the strata manager claims I do not represent a majority. I don’t know how she knows this – I tried to poll the owners with an anonymous survey but only 2 owners (which includes myself) responded. Most of the renters responded positively. I suspect the SM will say that is immaterial as they do not have a vote.
I have lodged a formal complaint about her behaviour (this is the second complaint. I did not receive a response to the first one). I looked at the legislation and code of conduct but can’t find anything about impartiality.

if we can’t get this passed at the AGM the point is moot. If my motions fail the only recourse I’ll have is to take them to the tribunal for not applying the by-laws consistently… and in that case I’ll lose my garden too.
I don’t want to fight with my neighbours. But injustices like this really drive me nuts!!!

@TrulEConcerned Yes… I agree with your concern and fully intend to get the motions in as soon as I can. You’re absolutely right that she could try to undermine me.

She responded to an email I sent the other day with the most extraordinary tone. I reminded her that we are not numbers… we are people… and we are people trying to live together and manage an asset worth millions of dollars.  Right now the only obstacle to doing that in a civil manner is her. She has not responded (funny that).

I’m working on my motions as we speak. 😉 I’ll let everyone know how it goes!!

chesswood wrote:

…That begs the question: what are the chair’s functions? Apart from controlling meetings if present, the SSMA is unhelpful on what the chair is supposed to do.

YES!! I have the same question!!

If the Chair is just a gavel banger then where does the power to affect change actually lie? IMHO it’s the secretary who can really exert some control and steer the ship back on course – That’s the role I was planning on assuming – although the SM is still necessary in this role from a purely practical POV for communicating with non-resident owners who remain disengaged.

Conversely, if the role of Chair has been delegated to the SM in an agreement… how does this reconcile with committee meetings that are not General Meetings? The SM doesn’t come to those. Is the Secretary allowed to also act as the chair of a committee meeting? (I intend to use an audio transcription app to take minutes).

@TrulEConcerned Thankyou… I have put the SM on notice that I intend to put a series of resolutions to the meeting. I requested she give me notice. She has told me the meeting will be held in June (our FY ends May 31) so I fully intend to send her the resolutions before the end of the FY. I agree that most owners only learn about the AGM with the notice of meeting.

@aa0691 Yes… that is what they’re supposed to be. And in this case, it’s hard to know if the cart (SM) is leading the horse (SC). I expect the committee is hiding behind the SM to enforce an unpopular decision. In fact, I finally managed to speak to the “chair” of the committee (I use the term advisedly as he wants the status of being in charge but refuses to take responsibility for any decisions). He blatantly lied to my face, saying the area had never been a BBQ area!! (my neighbour laughed out loud when I told her).

@Jimmy-T Correct. We’ve had more than half a dozen individual strata managers over as many years, and it’s always been a bun-fight. We are small bickies for these guys. They treat us like we don’t matter. Even now, I made a formal complaint to higher management in the firm and have not received a reply from anyone. Perhaps it is an entrenched corporate culture.

Some of the other owners and I are planning a coup. One of the first items on the agenda will be to review the strata agreement and invite submissions from alternative firms. I tried this in the past but was too inexperienced.

And can I say, the support and information provided by this forum has gone a long way to helping me understand best practice for a small strata. Thank you all!!!

Jimmy-T wrote:

Against whom – the committee or the strata manager?

Both!! Is there a code of conduct or professional rules for strata managers?

As for the committee, the same people nominate every year. I joined when I first moved in but found my suggestions, ideas and questions constantly dismissed – especially changing strata management companies. The excuse was always “Why bother? They’re all the same”.

I’d very much like to do as @SirHumphrey suggested – stage a coup and implement reforms – as a short to medium-term goal. But I may not be able to move that mountain because of entrenched apathy in the building.

Sir Humphrey wrote:

A decision of the owners passed as a resolution of a general meeting trumps the committee (or the strata manager).

Exactly my plan Sir Humphrey! I spoke to one of my neighbours today and she’s going to put a stat dec together for me, just in case.

I have a feeling that the person on the committee I thought was an ally may not be (paranoid???) so I’m just going to organise the meeting and get it done. I haven’t received responses to any of my emails to the committee. Guess I’m just a troublemaker!! 😉

I’m going to post another question just to clarify one detail I need some advice on. Thanks for your wise council. It’s much appreciated.