1. Please explain the seeming disconnect between the heading of this post, and the actual question.
2. Depends what you are claiming they did (that they should not have) or
didn't do (that they should have).
3. Look in the Scheme's insurance papers.
There is often a bit in the policy that covers
what lawyers call "Office Bearers' Liability".
2. Depends what you are claiming they did (that they should not have) or
didn't do (that they should have).
3. Look in the Scheme's insurance papers.
There is often a bit in the policy that covers
what lawyers call "Office Bearers' Liability".
Thank you for the comments above.
The current strata secretary has a personal opinion about the colour of the building. She has not disclosed - a conflict of interest. As acting secretary, she has controlled the information related to motions in the last AGM relating to special resolutions to change the colour of the building.
Upon receiving the Agenda for the AGM:
1. I contacted the Dulux Colour Consultant, who provided a choice of 3 Options ( 3 variations of grey) to vote on. The consultant advised that she has only consulted on the choice of colours based on the preferred choice given to her by the Secretary
2. The Quotations attached to the AGM Agenda describe the job as a cosmetic colour change as per the meeting with the Secretary $100,000
3. The quotations do not include known and well-reported defects such as rooted timer window frames and other
4. The AGM Agenda does not include financial information and adds a motion for a Special Levy to paint the building $ 60,000
Additional Questions and concerns led to an email from me to the Secretary asking for the following:
1. Strata Roll - (A) No, it's a privet
2. Detailed Expenses Report - ( A) No
3. Insurance Claims Report - (A) No
4. Any Recent Building Condition Reports- (A) No
5. 10 Year Capital Works Plan - (A) It was not included in the AGM Agenda because it is available on the Owner Portal
I asked for an Owers Meeting prior to the AGM to discuss the Special Resolution.- NO
It no further time, prior to the AGM, I asked that my concerns, as noted on the AGM Agenda Notice, be forwarded to ALL Owners -Preior to the Meeting for consideration on voting. (A ) NO
I was emailed by the Strata Manager that any attempt to derail the Zoom meeting with my persistent questions would result in my disconnection from the meeting.
To protect my vote, I email my vote to be recorded in the event that I was deemed disruptive and disconnected.
The AGM was concluded in 9 minutes as the Votes on all Motions were carried by the 3 Committee Members representing 4/6 apartments - 200/300 unit entailments.
The owners of one lot consistently don't participate and don't vote, live in the US and have over the year considering that the owners of 2/6 apartments Rule the Roost form various Strata Committee positions ( currently acting Treasure)
( Many years of history between owners as all have now owned for over 10 years)
Neighbouring development is due to have an impact, and concealing prior settlement cracking could hinder efforts to protect the property in the future.
Given the outright and relentless push to follow through at all costs to this cosmetic paint makeover by the secretary sold to other owners as a value improvement to possible sales value, I am making the assumption that she is planning to sell in the next few months prior to the massive neighbouring construction.
Many additional implications adversely impact the building as a result.
I made a Mediation application with Fair Trading, and it was Declined.
I was advised that one part of the colour change was scheduled to start, and the front path to the building would be removed and replaced with a new modern tile.
I give notice to legal action to invalidate the Special Resolve Motions as information was building information, and financial positions were withheld
and deliberately misrepresented. And that the US owners may have taken the time to vote if they had received my Unsent list of concerns.
I receive an email with an EGM Notice and Agenda on the 1st Sep 2023 - Meeting to be held by paper vote on the 11th Sep 2023
The EGM -Agenda is one page- No Financial - No Quotations - No Colour Details
I was sent an email on 1 Sep 2023 that the scheduled. front pathway work will proceed on the 3rd Sep.
More emails regarding the EGM Agenda validity and scheduled work
4th Sep the front pathway is being ripped up at 8 am.
I told the EMG vote on the 11th is considered concluded as 5/6 have voted in favour of the EMG Agenda with no information.
I lodged an Interm and Substantive Application with NCAT that has been derailed by the Strata Committee involving a solicitor to take action against me on the basis of obstructing approved works.
My Interm application to Stop work, get records such as a strata roll and impose a pending limit on the committee and strata manager until the validity of the AGM and EGM - can be reviewed was not Assessed by NCAT.
My time was lost at that interim hearing Objecting to the Solicitor acting on behalf of the Owners.
I didn't fully understand why the solicitor was allowed to continue and effectively focus on the quality of my urgently assembled application rather than the content and the concerns raised.
I withdrew from the Interm application so that the orders could be addressed at the substantive hearing. I continued to ask that the solicitors confirm that they don't have a conflict of interest and repeat referral business with the strata managers. (No answers)
The substantive hearing was an even bigger mess, with the solicitor still not providing. details of his agreement with the Owners Corporation and further alluding to the Senior Member that he is acting for the Owners as per public liability insurance. We have a $15,000 dollars bill showing as legal on the owner's portal.
The new Strata Manager appointed Jan 2023 has signed affidavits that we have no known building diffects.
So it might cost me $ 15,000 to try and fail to get a copy of the Strata Roll and other records that I am entitled to as a lot owner.
The extensively rotted 100-year windows and settlement to the rear repeatedly caused internal cracking and damage to the original heritage ceilings are not going to disappear.
If I fail at this time and the secretary sells her apartment, would she still be accountable for her actions as secretary after she sells?
The current strata secretary has a personal opinion about the colour of the building. She has not disclosed - a conflict of interest. As acting secretary, she has controlled the information related to motions in the last AGM relating to special resolutions to change the colour of the building.
Upon receiving the Agenda for the AGM:
1. I contacted the Dulux Colour Consultant, who provided a choice of 3 Options ( 3 variations of grey) to vote on. The consultant advised that she has only consulted on the choice of colours based on the preferred choice given to her by the Secretary
2. The Quotations attached to the AGM Agenda describe the job as a cosmetic colour change as per the meeting with the Secretary $100,000
3. The quotations do not include known and well-reported defects such as rooted timer window frames and other
4. The AGM Agenda does not include financial information and adds a motion for a Special Levy to paint the building $ 60,000
Additional Questions and concerns led to an email from me to the Secretary asking for the following:
1. Strata Roll - (A) No, it's a privet
2. Detailed Expenses Report - ( A) No
3. Insurance Claims Report - (A) No
4. Any Recent Building Condition Reports- (A) No
5. 10 Year Capital Works Plan - (A) It was not included in the AGM Agenda because it is available on the Owner Portal
I asked for an Owers Meeting prior to the AGM to discuss the Special Resolution.- NO
It no further time, prior to the AGM, I asked that my concerns, as noted on the AGM Agenda Notice, be forwarded to ALL Owners -Preior to the Meeting for consideration on voting. (A ) NO
I was emailed by the Strata Manager that any attempt to derail the Zoom meeting with my persistent questions would result in my disconnection from the meeting.
To protect my vote, I email my vote to be recorded in the event that I was deemed disruptive and disconnected.
The AGM was concluded in 9 minutes as the Votes on all Motions were carried by the 3 Committee Members representing 4/6 apartments - 200/300 unit entailments.
The owners of one lot consistently don't participate and don't vote, live in the US and have over the year considering that the owners of 2/6 apartments Rule the Roost form various Strata Committee positions ( currently acting Treasure)
( Many years of history between owners as all have now owned for over 10 years)
Neighbouring development is due to have an impact, and concealing prior settlement cracking could hinder efforts to protect the property in the future.
Given the outright and relentless push to follow through at all costs to this cosmetic paint makeover by the secretary sold to other owners as a value improvement to possible sales value, I am making the assumption that she is planning to sell in the next few months prior to the massive neighbouring construction.
Many additional implications adversely impact the building as a result.
I made a Mediation application with Fair Trading, and it was Declined.
I was advised that one part of the colour change was scheduled to start, and the front path to the building would be removed and replaced with a new modern tile.
I give notice to legal action to invalidate the Special Resolve Motions as information was building information, and financial positions were withheld
and deliberately misrepresented. And that the US owners may have taken the time to vote if they had received my Unsent list of concerns.
I receive an email with an EGM Notice and Agenda on the 1st Sep 2023 - Meeting to be held by paper vote on the 11th Sep 2023
The EGM -Agenda is one page- No Financial - No Quotations - No Colour Details
I was sent an email on 1 Sep 2023 that the scheduled. front pathway work will proceed on the 3rd Sep.
More emails regarding the EGM Agenda validity and scheduled work
4th Sep the front pathway is being ripped up at 8 am.
I told the EMG vote on the 11th is considered concluded as 5/6 have voted in favour of the EMG Agenda with no information.
I lodged an Interm and Substantive Application with NCAT that has been derailed by the Strata Committee involving a solicitor to take action against me on the basis of obstructing approved works.
My Interm application to Stop work, get records such as a strata roll and impose a pending limit on the committee and strata manager until the validity of the AGM and EGM - can be reviewed was not Assessed by NCAT.
My time was lost at that interim hearing Objecting to the Solicitor acting on behalf of the Owners.
I didn't fully understand why the solicitor was allowed to continue and effectively focus on the quality of my urgently assembled application rather than the content and the concerns raised.
I withdrew from the Interm application so that the orders could be addressed at the substantive hearing. I continued to ask that the solicitors confirm that they don't have a conflict of interest and repeat referral business with the strata managers. (No answers)
The substantive hearing was an even bigger mess, with the solicitor still not providing. details of his agreement with the Owners Corporation and further alluding to the Senior Member that he is acting for the Owners as per public liability insurance. We have a $15,000 dollars bill showing as legal on the owner's portal.
The new Strata Manager appointed Jan 2023 has signed affidavits that we have no known building diffects.
So it might cost me $ 15,000 to try and fail to get a copy of the Strata Roll and other records that I am entitled to as a lot owner.
The extensively rotted 100-year windows and settlement to the rear repeatedly caused internal cracking and damage to the original heritage ceilings are not going to disappear.
If I fail at this time and the secretary sells her apartment, would she still be accountable for her actions as secretary after she sells?
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