There’s nothing quite like that sinking feeling when you realise things have gone pear shaped when you weren’t looking. It’s particularly pertinent for strata schemes where most lot owners’ only brush with their body corporate management is paying levies and voting at annual meetings.
Although there is “help” available when disputes arise there is no oversight to body corporate management other than that provided by the lot owners themselves.
Which is great if you have a strong Committee who work well with a professional management company.
If you don’t, well, problems can arise, and it’s possible that things can get really bad before anyone realises.
Who Is Responsible for the Body Corporate Management?
When things go wrong it’s a very human reaction to immediately start searching for someone to blame!
In body corporate’s there is going to be a number of parties that could be at fault but in most cases the root cause will usually turn out to be a collective failure of most or even all the parties in one way or another.
Management of a scheme is the responsibility of lot owners.
The combines lot owners elect a Committee to actually do the work at the Annual General Meeting.
The body corporate may also appoint a Body Corporate Manager and / or a Building Manager as independent contractors to take over part of the tasks of the Committee.
Poor management is a result of a breakdown somewhere in that chain of command, or as I’ve already said, more likely in a number of places.
5 Signs of Poor Body Corporate Management
Please note that the following items are indicators only. My job is to find threads that may indicate prejudicial circumstances for buyer. I find those threads then follow them to find out if there’s anything nasty lurking in the background.
Often there is not and the scheme and management have very good reasons for doing what they’re doing.
However, sometimes, particularly when two or three indicators show up, it means someone in the chain of command has dropped the ball and a crisis may be looming.
Here are five signs of poor body corporate management.
1. Poor Recovery of Levies
In Queensland levies must be disclosed prior to entering into a contract to buy, which means, despite what they may say, every lot owner has actually been notified that levies will be payable.
It’s surprising then just how many strata schemes have significant amounts of Levies in Arrears.
Now some levels of arrears are to be expected since it’s unlikely that all the lot owners will be on top of things 100% of the time. That said it is possible for long stretches of time for even the largest buildings to have very small or even no levies in arrears.
Contrast that with other buildings, some big, some small and everything in between, that have high levy arrears, up to 20 – 30% or even higher, which is the level where arrears will begin impacting on cash flow.
So what’s the difference?
Whilst it’s true that buildings with more investors and those that do holiday letting do tend to have more owners in default, it’s certainly not set in stone. The main indicator of success with minimising levy arrears is the amount of time and effort put into collection of the levies.
Committees and body corporate managers with good collection policies, clearly communicated to lot owners, and most importantly a process for following through on those policies, will have the smallest levels of arrears.
It’s a simple rule of collections: when an account is overdue you must consistently ask for payment if you want to receive it.
High levels of levy arrears is a sign their isn’t a firm, well executed policy and an indicator of more serious management issues.
2. Late or missed Annual General Meetings
Annual General Meetings (AGM’s) have specific purposes, things that need to be taken care of each year, at regular intervals, for smooth management and consistent cash flow for the scheme.
If a body corporate does nothing else each year they should at least have an AGM. Without it there will be no Committee and no levy issue, both serious hiccups in the process.
AGM’s are so important that time frames have been legislated; an AGM must be held within three months of the end of financial year. Consequently a late AGM is a contravention of the body corporate legislation.
Now there are valid reasons why AGM’s may be late, most commonly because a quote is being obtained for lot owners to vote on at the meeting.
Mostly though it’s due to errors or delays that could have been avoided.
One late AGM is not really a problem.
Several years worth of late AGM’s is frankly slack, particularly without leave of the Commissioners Office, but worst of all is AGM’s that are missed altogether. Nothing says “no one here cares” more than no AGM and that’s not reassuring when talking about your very substantial investment.
3. Slow or no response on repairs and maintenance
Body corporates tend to operate on a schedule (just like the AGM’s above), with certain works done at certain times of the year. That’s because a lot of these things are on autopilot.
Inevitably, however, there are going to be issues arising. An example would be light globes blowing in the basement car park or a loose railing in the stairwell, although it could a range of things including substantial building defects.
In a well managed body corporate issues are reported and dealt with promptly.
In a poorly managed body corporate issues may drag on for months, years even, and in some cases never get addressed at all.
Unresolved issues can, and often do lead to bigger issues like this landmark case in NSW where a water leak into an apartment from common property was ignored for years, even following mediation. Eventually the lot owner sued and won a settlement:
In addition to repair of the works, the judge also awarded damages for loss of rent, carpet replacement, legal costs, mediation … The total damages came to over $230,000. Given that there were only five lots, this was a severe awards cost
Swift resolution of common property maintenance and repair issues (each lot owner is responsible for his or her own lot) is important to maintain harmony and overall value of the scheme.
It’s important to note that an important part of repairs and maintenance is prompt payment of invoices, something many body corporates overlook. Paying tradespeople promptly keeps them onside and avoids the ongoing challenges of finding someone to do works.
4. Budgeting in Arrears
The budget is an important document, since the budget is actually the yearly levies.
The administrative fund budget is an estimate of what will be spent in the forthcoming year, with reference to the past year costs, works that might need to be done and the current balance of the fund.
That total estimated figure becomes the levy issue for the year.
Budgeting in arrears circumvents this process. Specifically it a process where the scheme resolves to collect less than the plan to spend.
For instance, say the scheme has decided that running costs and works will cost $100,000 for the year, but at the AGM it’s resolved that the administrative fund levy will be $90,000. This leaves a $10,000 shortfall.
Body corporates are no different that any other individual doing a budget; if you spend more than you collect then the balance must be funded from somewhere else.
Sometimes it’s “borrowed” from existing sinking funds by way of a deficit of funds. Sometimes creditors simply don’t get paid.
This practice is contrary to legislation and more than that it’s simply dishonest. It is a deliberate decision to keep the levies low to suit lot owners at the expense of the scheme management and it’s creditors, otherwise known as “having your cake and eating it too”.
Paying lower levies is a valid option. But then you must adjust your budget to a lower figure. To incur works without funds to pay for them is unethical and really doesn’t achieve anything other putting off the pay day.
5. Slow or no recovery of fund deficits
Most strata schemes run one bank account for both the administrative and sinking fund. That means if they overspend in one fund their is still money to meet costs. However that will create a deficit in the fund as discussed at number 4.
There are numerous occasions when a deficit can arise for all sorts of reasons, from simple timing issues for levy payments to the process of budgeting in arrears.
If funds are overspent in one fund the legislation is clear; those funds must be recovered, and the sooner the better.
Sometimes though, that doesn’t happen.
Usually it doesn’t happen because the lot owners are simply reluctant to pay more levies.
Unfortunately what that means is the debt hangs around and is only slowly whittled away, or in some cases not recovered at all.
The core problem is sooner or later those funds must be repaid, either as directed by an Adjudicator if a lot owner eventually complains or as a special levy when works are required but there are no funds available.
It’s a particular problem if you’re new to a scheme. It’s incredibly frustrating to be in a position to finance a debt incurred by someone else.
In those circumstance I believe a lesser purchase price, to the value of the portion of the debt the Lot would be required to pay, be negotiated. You are going to have to pay it eventually, so get the funds from the outgoing owner now.
What to do if you have concerns?
A property is a big investment, and when that property is part of a strata scheme the common property forms as much of the value as the lot itself. It’s to your detriment if the scheme is poorly managed.
If you have concerns, speak up! Bring the issues up with your Committee, and if that doesn’t work, talk with the other lot owners to see if they have queries. Do some research like this website; there are hundreds of others out there.
Speak with the Office Commissioner of Body Corporate and if you have to make an application for adjudication. Even consult a strata lawyer.
Maybe it will be necessary to join the Committee yourself. If there are problems with contractors maybe it’s time to change contractor, or in the case of a building manager, issue a breach notice.
And if you’re buying into a particular scheme, get a pre purchase strata report: if there is a significant problem you’ll be glad you did.
What do you think? Are there other symptoms of poor management? Leave a comment and let us know.
Unless stated otherwise all the information on this website relates to Queensland legislation.
Thanks, I appreciate the comment.
Hi,
I live in a complex where my home has been attacked by white ants. I’ve had to involve a lawyer to fix the problem. It only got fixed because I involves a lawyer. Now I’m asking for a barrier and once again having to involve a lawyer. It’s the only way I get any communication for something to change. There i someone who does the gardens and the cleaning but apparently they’re not getting paid but on the budget it states they are.
Our body corporate fees have gone up alot but nothing is happening for the complex.
Hi Jasmine
It sounds like you’re having quite the struggle. Have you ever considered joining the committee? That might be a way for you to communicate with someone who will listen.
Hi Lisa,
I think I will have to. I’ve been to one meeting this year and the AGM will be at the end of this month. Also, I have looked at the sinking fund forcast and our opening balance is out by $55,000. Also we have a negative admin fund. Our opening balance needs to have $165,000 in it for the next financial year. Currently, we have $70,000 for an opening balance. What are your thoughts on this? Considering no one is really in arrears.
Hi Jasmine
If no one is in arrears and you have a deficit then the scheme has overspent on their budget. The deficit in administrative funds should be repaid in the next financial year. So for owners that will mean the levies need to increase to repay what was spent, and, if the overspend was in normal everyday business, then increased again to be able to pay the higher costs.
It possibly the same with your sinking fund. The balance is too low because the levies need to be higher. But because you’re already behind then you need to increase even more to catch up.
It often happens in schemes where owners simply won’t increase levies, so the problems increase until finally their comes a crunch, usually in the way of massive increases or special levies.
Hi Lisa,
So basically it’s not looking good. Our complex isn’t in great shape either.
After speaking to people, certain things haven’t been done for years. Does, this mean
that if the complex isn’t in great condition and our fees are low, that it will cost a fortune?
Hi Jasmine
I’m afraid it does. The purpose of the sinking fund is to accumulate cash so works can get done as they need to without having to tap owners for extra funds.
If the sinking fund is not accumulating and the works are not being done sooner or later there’s going to be an expensive reckoning.
Hi how do you join the community ?
Hi Ann
Which community do you mean?
Hi Lisa. What is the landmark case please? Your link is broken. Also – are there any similar cases in Brisbane?
Hi Vanessa
I’m sorry I don’t know what the decision was. When I search for the information all that comes up is my article.
We ,my wife and I, have had to become involved in the committee as our body corporate has been failing to comply with a Council Fire Order on our buildong. The Council has been super tolerant as we try to comply with orders bit by bit. How do we bring the issue to a head and force agreement to compliance by other owners. It appears cost is the biggest issue but in the meantime the lack of action is devaluing the property.
Hi Mike
I would put forward a motion at general meeting for all the works to be completed. You will need to include funding requirements such as a special levy or loan depending on cost.
If the motion fails because owners vote NO, speak with the Office Commissioner Body Corporate re body corporate disputes. You can seek an Adjudicators Order that the motion be deemed passed because the objection to it is unreasonable, but you might need to discuss with each person who votes NO first to try and get them to change their vote. I’m not exactly sure how it works but the body corporate must first try and self-resolve the issues before going to Adjudication.
How do you fix of wrong principle being used to levy levies I have a small 1 bed unit in a block of 50 units made up of 35 1bed 15 2 bed and so called penthouses which have a circular staircase on their balconies to a fenced roof top area (about half the roof) the body corp interest is 1 for all the units obviously not applicable for the equality principle should they not be the other principle relativity, now there is an upcoming remediation of building and Comintee is expecting a$72,00 special levy
Hi John
If you dispute the contribution lot entitlements discuss with the Office Commissioner Body Corporate. You can seek a specialist adjudication looking into whether the entitlements are correct. Alternatively, seek a quote from a specialist company such as Seymour Consultants regarding examination of contribution lot entitlements. Then submit that quote to your committee and ask them to vote on obtaining the report. Best case scenario the body corporate pays for the investigative report.
Of course then you have the whole issue of what the report says … but that’s another story.
We own a a three bedroom duplex and the other owners have a one bedroom. We pay the larger amount of sinking fund and admin fees due to the larger property. I’ve been told that we should pay the same amount of body corp fees. Is this true?
Hi Rebea
No it is not true that you should pay the same. That said, its not necessarily different though.
How much you pay will depend on the contribution lot entitlements for your scheme. They can be found in the community management statement which can be obtained from the DNRM.
The real estate agent in mackay qld. Is refusing to provide a disclosure notice on a unit ( 12 units in the complex) this 1 unit only is going to auction on 4/4/16. Does a seller have to provide a Disclosure Notice on that unit, outling levies, insurance ect. ?
Thank you for your time.
Christine Anderson
The same real estate agent would not supply me with a disclosure on another unit I wanted to purchase so I didn’t buy it. Because of the lack of information on the unit complex.
Thanks again Christine
Hi Christine
Yes that’s correct. You cannot sell a lot in a body corporate in QLD without a disclosure statement. It’s mandatory.
Please get rid of those arrows! I’ve attempted to write a comment 3 times now because I accidentally pressed them and changed page! I’m over writing what I wanted to ask you!
would the body corporate be responsible for the movement of the land around our home and also we have broken pipes in the bathroom the insurance will not cover they say it is due to movement in the soil we are on a concrete base
Hi Joan
That will depend on the type of plan you have – standard format plan or building format plan. Either way definitely discuss it with your body corporate committee.
HI, I own a townhouse in a strata scheme in Sydney. We are having number of maintenance issues (roof leak, Water leak, balcony timber repairs etc) which we have reported to strata manager but they either are very slow in responding or simply brush off saying executive committee had advised for “wait & watch”. What are my options to deal with this situation? How can I get this strata company to start responding me promptly and get the things moving? Thank Sam
Hi Sam
You’re focusing on the wrong people here. The Strata Manager has no power to do anything about it, they are basically office workers. Your issue is with the committee.
That said, “watch and wait” is as strange response. Wait for what? Are you receiving committee meeting minutes? Whatever they have discussed should be in the minutes. I’d start there to get up to speed on what, if anything, has been discussed.
Moving things forward you need to have made a formal written complaint and request for repair. You might have already done this. If so, follow up asking again. From there you have a couple of options. Adjudication is the best bet but there are steps you must take first. Conciliation is one of them. You will need to demonstrate that you have tried to resolve the matter yourself before you can proceed. That’s what the letters are for.
Another option is to get quotes for the repairs and put forward a motion with alternatives at the next general meeting to get the works done. In that way you bypass the committee altogether. It might not get passed, but its not a waste of time as it does demonstrate effectively an attempt to resolve. And you never know, it might get passed and your issues fixed.
I live in Strata, we all have cracked tiles in bath room they need to be guttered so they say.
We got a quote for two nearly $40,0000 ,by the time we do all could get to $240,000 for 16 units
Some can pay some can not
Will this go to vote or because we live in strata we have to pay.
Hi Karen
It will certainly be voted on. All large expenditure is. Keep an eye out for voting materials and vote when the option arises.
Maybe the scheme could consider a strata loan?
Hi!
I’m a lot owner and member of a Community Titles Scheme unit complex in Queensland. I am also the Secretary of the Body Corp Committee.
Over the past 6 months, none of the Body Corp Committee members of our complex have been able to actually speak with our Strata Manager, nor will she reply to repeated requests for her to call us back, nor will she reply to emails about issues we have. We’ve been trying a couple of times a week during this 6-month period to contact her one way or another.
We have contractors who have not been paid during this time, we have no idea what is going on with an insurance claim we lodged months ago, and other issues have not been resolved. The fact that we can’t get ANY communication going with our manager is untenable, particularly when tradespeople have not been paid during this time. But their company sure charges us for things that they claim is their due (ie for stationary and stamps – but nothing has been sent out for ages!).
What should be our next step? We’ve spoken with her manager who promised us that things would start moving again, but now HE is not returning our calls or emails either. I’m thinking of going and camping in their reception until I see one of them! But on a serious note, is there an ombudsman or mediator who we can complain to? We just can’t continue to function this way – absolutely nothing is being done, and we are quite powerless to pay outstanding tradespeople.
Any advice would be very much appreciated!
Hi Tyna
The problem here is this isn’t a body corporate matter, it’s a commercial contract matter. You have contracted with the manager and they are not providing the services you want or need.
You need to get a hold of your Administration Agreement. It will tell you the term of the contract and under what circumstances the contract may be terminated. I suggest if you’re having issues with your manager you think about replacing them. Depending on how long the term has to run, the easiest way might be to wait it out and appoint someone else.
If the term is long maybe consider terminating the agreement. That may require legal action to make stick but if you’re not getting any satisfaction it might be your best bet.
You can get a copy of the administration agreement by 1) asking for it and seeing if they will provide or 2) booking an inspection of records (free for committee members) through reception and going there and reviewing the body corporate records. You can then copy the agreement (72c per page).
It is common for insurance claims to drag on for months or even years, although, that said, its usually as a result of apathy somewhere along the chain.
I think it’s important to have good corporate managers. It can be pretty bad if they don’t pay any attention to the needs of the employees or the company. If they don’t take either of those things in mind, then what’s the point of having them?
Thanks, Lisa and Braden. Agree completely with your comments. They are more than happy to take their fees, but we’re getting nothing in return – I consider this to be fraud!
I think at the next AGM in December, we will not be renewing our contract with BCS, but instead, changing to a completely different company to actually do what we pay them to do. We (the Body Corp Committee) have now put all non-urgent projects on hold, until this is sorted out. We just can’t afford to have honest tradespeople (who had done the work) to not be paid on time. We don’t want to get a bad reputation out there because we don’t pay our bills on time through no fault of the Body Corp Committee. We’ll let our departure be the message to our manager. We can’t find a reason to stay, but every reason to find a new company.
Hi Lisa,
I am a committee member of a older brick “6 pack” unit block
The old underground plumbing in the building has cracked and caused several leaks over the last few years at great expense to repair and through extraordinary water use in the quarter due to water leak.
At the 2014 AGM the committee voted and approved a remedying of the plumbing issue by running pipes above ground from the mains water point so the pipes no longer ran underground and thus cracks and leaks in this existing underground pipework would be circumvented . This was recorded in the AGM minutes.
No action was taken by the Body Corporate manager in the following year and the lack of action was raised in the 2015 AGM which was also minuted.
In April 2016 the piping cracked again and again a large repair and water bill resulted – this would not have occurred if the Body Corporate manager had done their job and actioned the quote resulting from the approved motion in the 2014 AGM.
The committee would like to sue the Body Corporate manager and/or company for lack of action and negligence in relation to this issue. The supporting evidence is quite clear through the 2014 and 2015 AGM minutes.
The committee will be voting to change to a different Body Corporate companies and managers at the next AGM.
2 Questions
A) Who do we need to submit a claim to in relation to the negligence of the Body Corporate manager to recover monies related to this years repair and excess water use
B) Should we wait to we have started with the new Body Corporate business before proceeding with this action
Hi Bob
Wow, that’s rather a challenging situation.
I think, though you will be best to check with a Solicitor, that the matter isn’t so much a body corporate issue as it is a breach of contract issue – ie you’ve contracted with the manager and through their negligence you’ve sustained a loss. Its my understanding this is a small claims matter and should be referred to QCAT. A BCCM Adjudicator would not have jurisdiction.
Yes its most likely better to wait until you’ve moved manager before seeking restitution from the current manager. Sometimes people act badly when they think they’ve been rejected. This doesn’t necessarily mean they will but better safe than sorry.
That said it might be worth having a discussion with your current manager and letting them know how you feel. Maybe you can negotiate a settlement that works for you both.
Hi Lisa,
I am a committee member and have trouble getting any response from our current Strata manager regarding setting a date for our AGM which is normally held each year in December along with sending out the agenda and voting papers.
The current contract with our current Body Corporate finishes on 30-Nov and we are looking to move to another Body Corporate and this was raised in this year’s AGM motions so the current Strata manager is aware of the committee’s intentions.
Is it possible that the current Strata manager is delaying providing a response until after 30-Nov they can say “so sorry would really love to help you but your current contract finished on 30-Nov” or is the current Body Corporate and Strata manager still obliged to have an AGM in December as the changeover will not be legally binding to a majority vote is received at the AGM to change over.
Look forward to any light you can shed on this matter
Cheers
Robbie
Hi Robbie
This is a curly one. No they’re not obliged to keep working once their contract ends. They should at least be preparing a Notice of Meeting though because they are still employed and that is what you require. That’s what they should do, but there’s no guarantee that people will act the way they should.
From your perspective you need to take this piece by piece. First set the date. Second deadline date for when the Notice of Meeting has to go out and third the meeting itself. Keep at the current manager until they take some action.
If they absolutely refuse to take action, which sometimes they do, contact your preferred new manager and ask for their help. It may cost the scheme a little extra, which is unfortunate and to be avoided if you can, but its a backup in case things go pear shaped. A committee motion to appoint them to bridge the gap, ratified at the AGM should be OK. They should be able to work through it with you if necessary.
Hi
I trust all is well,
Well our levies was R1360.00 when we moved in and the building is not well taking care off, no one wash our windows, cut our grass, cars getting stolen people make a noise till midnight and they have send us our new levy statement for R1528.00. I would like to know how can i not pay this new levies and still pay the old levies because i don’t see no need for the large amount when there is no swimming pool? yes its a three bedroom and two bathroom apartment in South Africa but i still don’t feel that the levies must be this high especially if they don’t look after the complex please advise thank you
Hi Levi
Happy New Year.
Annual levies are calculated by a budget estimate. Perhaps this coming year includes an estimated amount to do some works around the property, hence the higher levies.
Its a double edged sword. If you pay less then less is done. If you want more done then it needs to be paid for.
Hi Lisa,
We have a by-law related to smoke from town houses occupied by smokers drifting to town houses occupied by non smokers. This by-law was voted on and approved at the last AGM.
The BC Committee Chairperson is stating that we need to provide an undercover outdoor area for smokers. He feels that if the by-law is challenged by a smoker within our complex and the matter ends up with the Commissioner, that we would have a more solid case for enforcing the by-law. Recent submissions to the QLD Government seem to indicate that we have nothing to fear from including a smoke drift related by-law.
Do you feel that we need to provide a smoking facility, the large majority of residents don’t want it, to appease the Commissioner?
Thank you
Hi Graeme
It doesn’t matter whether a by-law is registered as much as it matters is it enforceable, which is pretty much what it seems the Chairperson is saying.
In Queensland its not enforceable. Body corporate’s do not have the power to make rulings regarding the use of the lot.
Proposed amendments to the legislation suggest categorising smoke drift as a “nuisance” which will allow bodies corporate to make by-laws that can stop the drift. Similar legislation has been passed in NSW that does allow Owners Corp there to take action. As a trade off though they provide designated area for smokers. I suspect that’s what your Chairperson is alluding to.
If the matter goes to Adjudication then the ruling judge will not care if there is an alternative smoking facility provided. It makes no difference to the validity of the by-law with reference our current legislation and case law. Having the facility might stop an application from being made though. And when the amendments are passed into law having the area will be useful.
Hi Lisa,
I’m only reading one side of what you are writing because there continues to be added lines, on the left hand side. This means it is cutting off what you are writing on the right hand side. I would love to read what you have written but because it has been cut off. I can’t read it.
Hi Jasmine
I sent you a reply via email.
Hi Lisa,
I have been told from the committee, that everytime we contact the Strata company/Manager. We get charged for it. A disbursement fee. Any calls, emails etc. If this is so, how much do they get paid on average? Do we get charged to cc them in to emails?
Hi Jasmine
I sent you a reply via email.
We had to move from our town house due to noise. The on site manager would not do anything about it either. We got told off for parking on the driveway. Everyone else did and I drove through the complex today. They are still doing it. The weeding in the front gardens are terrible and the lawns are dying. We can’t sell the town house as it’s worth $60,000 less then what we paid for it. So we are renting it out.
Hi Matthew
I’m sorry you’ve experienced this. You highlight a good point about values. May I ask … did you buy new?
New properties falling in value immediately after registration seems to be something only units suffer from and it is so disheartening when the experience of living in the scheme is unpleasant, as yours was.
If you haven’t already do send an email complaint to the body corporate about the appearance of the scheme. Its owners like you who make their dissatisfaction known who are more likely to get some action.
Hi Lisa,
I did buy new in 2010. I have contacted body Corp about the state if the complex. It will take them half a week to reply and they don’t really care. The only time I would hear from them is I did not pay my fees, in guessing. Is there anything I can do to get the on site manager removed?
Hi Matthew
Its difficult to get a manager removed but repeated complaints should spur the committee into taking action to get them to do their job properly.
Of course if there is no committee, which is the most common reason manager’s aren’t instructed or followed up, you could consider joining committee and taking a more active role in maintaining the property.
Hi Lisa,
Thanks for your responses. They have been great. We have just had a new born and joining the committee is just not a option. I will complain. Like every week and hopefully the place will start to look better. I have paid a lot off so in hoping by January we can sell or use the equity in it to buy some where else. It’s just disappointing when you work so hard and spend money that you earn for other people to through it back in your face. Thanks again
Hi Lisa
I am living in a unit where, some time prior to buying, part of the large balcony was converted into an enclosed glass and aluminium sunroom. I am told that it was used as the office/reception. Since buying we found water leaking in from under the door, and appears to be coming through the cement bed of the door. I initially called the management group and was told that as an external door it was the body Corp responsibility, which made sense. Nothing came of it, and then I noted in the agm minutes one line stating that it was the lot owners issue. Apparently the chairperson had come to my unit with onsite manager, and between them decided it was my issue. When I raised the contesting views was told the person who advised me was ‘only the receptionist!!’ Good staff support!! I have since written 2 more timed and the committee refuse to even reply. I have heard of other instances of this non communication including being advised of fire evacuation breaches and, until the fire brigade got involved, they also went ignored and st time of writing, the deadline to fix the issues is 1 day away and no work done. When reading minutes from meetings, it appears that issues discussed are raised by the chairman who lives in the block, one example being sunscreen msrks on the pool!!
Incompetence I would think.
Would appreciate any advice on how to get my leaking door/wall repaired.
Paul R
Hi Paul
Doors that lead onto a lot are part of the lot. So for instance, if you have a balcony the door from the lot onto the balcony is inside the lot and therefore lot owner responsibility.
From what you’re saying the door here is from the balcony to common property, which, usually would be body corporate responsibility. However, are there other units with similar doors? If not then the glass and aluminium sun room was possibly added as an improvement for which the lot owner is responsible.
You’ll need to go back through the records to determine who’s responsible I’m afraid. There’s no easy fix.
We purchased an apartment and have recently joined the executive committee.
At the last meeting we have found out that there is some significant issues in the complex that have not been noted in the minutes.
It seems this has been done so to not impact the resale value of the apartments as most in the board are looking at selling to avoid the large outlay required to repair the issues.
What rights do we have in this situation as we were obviously not aware of the issues when making the purchase?
Hi Steve
That is an excellent question, and best posed to a Solicitor. Defects in common property are required to be disclosed by the buyer. This covers latent and patent defects, so even if the buyer didn’t know about it, which if the committee was keeping it quiet they wouldn’t, they still need to disclose. Quite how you do that I don’t know. Plus, what your action might be in damages is also outside my remit.
A Solicitor is your best bet. Maybe pose your question on the Lookupstrata website or the Flat Chat Forum. A Solicitor might answer your query at no cost.
In my business this scenario is a constant worry. I do a thorough review of the records of the scheme, but if those records have been deliberately redacted there’s very little I, or anyone reading the records can do about it. It happens frequently, though most commonly in layered schemes or BMG situations. In that case the committee is not being deliberately deceptive, more that the pertinent records are in another entity.
Let me know how you get on. I’d be interested to know what recourse you have.
Hi I live in a complex of 86 villas, the head of the committee ( 15 years) has been hiring family to do jobs she feels need to be done. She does not alert other committee members and we find out after the event. Eg, we have a gardener, but she hires the boyfriend or the uncle to do other jobs related to gardening. Is this legal. Also she is in bed with the BCs, so we never here from them either. Before you answer please take note, most of the people in theses villas are 70 plus and aperthy has set in .it is hard to fight. Can I go over all their heads.
Hi Joanna
Hiring family members to do a job does sound like a conflict of interest, particularly if other committee members are not getting the opportunity to vote. A family member might be the best person for the job, but, if they put forward a quote then the Chair should not vote on that motion, leaving other committee members to make the decision.
Decisions should be made by committee, not one person. If you’re part of the committee I would start by bringing it up with the Chairperson. Make it clear that you want to be included in decision making. That is what the committee is for: collective decision making, in part to avoid these sorts of things.
The way to stop the Chairperson from making arbitrary decisions is to seek an Adjudicators order they stop, or the committee be consulted or whatever it is that you want. You need to try and self-resolve this issue before you can seek Adjudication. Basically that means you need to have some conversations.
Hi -I own a unit in a set of 8- the problem is the board is three long time friends – and the person doing the book work /accounts does not get paid $$- he gets to not pay any strata fees …this coalition /board have a ‘thing’ about parking across the front of your own garage and/or parking in visitors parking —no one has complained – it’s just when his daughter visits (she also owns a unit)- she wants to park in the visitors .The body corporate even pressure the owners to terminate the lease of tenants who persist in parking in the visitors . Those three plus their wives and daughter and boyfriend are the only ones who attend the AGM -if anything is bought up ie increase strata fees -the suggestion is shot down – they outvote and manipulate the minutes to reflect what they want -the unit is in NSW -I want the body corporate gone and a professional strata managing team bought in —even the real estates handling the tenancies is over the continual emails -none of the owners live on site – just the one who comes in to collect his daughters rent …
Hi Jennifer
This is a difficult situation. The three friends are validly running the owners corporate at the moment. They have the votes and can pretty much do as they like, within the framework of the legislation.
There doesn’t seem any dispute going on here either, other than you’re not getting what you want. You could raise an objection re allowing the daughter to park in visitor parking, however, she does appear a bona fide visitor to me. Her unit is rented and she’s just visiting. A tenant is a resident so shouldn’t park in the visitor parking.
If you want to make changes then there are a couple of options. 1) get together with the balance of the owners and get them to vote with your to make change. From what you’ve said that doesn’t seem particularly likely. The other option 2) is to join the committee and try and get some change happening from the inside out.
I understand this is a frustrating situation, but unfortunately the nature of strata schemes is majority rules. It doesn’t sound like the other owners are doing anything wrong, they’re in fact working the system as its meant to be worked.
Hi Lisa
In your report you write about
“Unresolved issues can, and often do lead to bigger issues like this landmark case in NSW where a water leak into an apartment from common property was ignored for years, even following mediation. Eventually the lot owner sued and won a settlement:
In addition to repair of the works, the judge also awarded damages for loss of rent, carpet replacement, legal costs, mediation … The total damages came to over $230,000. Given that there were only five lots, this was a severe awards cost”
I am going through this at the moment. I first reported the leak in August of 2015. The corporation has made some effort to find the source of the leak but have not followed through on repairs. The leak has worsened and damaged inside walls and carpets. Heavy rain means we have to throw down towels. There is an awful smell of mould. I have now contacted Consumer Affairs Victoria. But I am also considering getting a lawyer.
Thanks
Fiona
Hi Fiona
What a difficult situation to be in. It might be worth talking to a lawyer. You might need to compel the body corporate to take action and that will likely include some form of tribunal or legal action. A lawyer is a good place to start.
Just an addendum Fiona – look for a Solicitor with strata experiences. You can try the Lookupstrata website. They have a directory of strata professionals.
Hi Lisa,
I have a town a house in Qld. Recently we have had two episodes of flooding into our property. Both resulting in personal insurance claims.
The tradesmen and insurance assessors at the time indicated the water egress was due to a lack of routine maintenance. The gutters hasn’t been cleaned for over 6 years and the roof hasn’t been visualized or maintained for the same time.
I am thinking of making a claim for negligence against the committee for failing to maintain the common property but unsure on what steps to take. Can you advise.
Thanks
John
Hi John
You and your fellow owners are responsible for maintaining the roof and gutters of your scheme. The failure to do so is likely as much your failure as it is that of the other owners, or collectively, as you’re called the body corporate. Who’s on the committee? What motions have been put up at general meetings, such as for cleaning of gutters? If the motions were there, did you vote for or against those motions, or did you not vote at all?
Being part of a body corporate does not give you the right to abdicate responsibility for all maintenance issues. Although things are different in that rather than directly cleaning the gutters the legislative framework means you must work with committee to get things done. Many, many owners in bodies corporate carry out maintenance themselves, either as part of a larger group working bee, or by volunteering at committee level. The major difference is there is no capacity to do anything without communication with your fellow owners, usually via committee. That’s because there may be things going on that you don’t know about.
There are certainly circumstances in which owners may make a claim against a body corporate for negligence. This is not something covered by body corporate legislation however but a tort, or legal negligence. You’d need to see a lawyer to make your claim, and as I hope I’ve demonstrated above, you need to demonstrate that you’ve fulfilled your obligations to the body corporate, or other owners, before you can successfully say they have failed to meet their obligations to you.
Hi Lisa, We are a 5 townhouse complex 2 detached and 3 joined together. On our Survey Plan we all have our own private fenced yards and lot numbers with total area including house and private yard area. The Common Property is just the driveway area. We are a standard module and building format plan. We have a problem with parts of our building exterior cladding . We can’t claim on our insurance as they say the cladding wasn’t sealed before being put up 19 years ago . There isn’t enough money in the sinking or admin funds. We are all in agreement we will need to pay for the common property area. However, the exterior walls in our own private fenced yards also needs some new cladding. We are now all in disagreement , who pays for our own house cladding in private yards. I have checked the rules and read so much and still don’t know what to think. Would be grateful for any information you can give. With thanks Doris
Hi Doris
It will most likely be each individual lot owner who is responsible for the cladding in your own yard.
Check the plans: if its part of the lot then its lot owner responsibility.
If the area is exclusive use then it will likely be the responsibility of the lot benefitting, however you’ll need to check the terms of the exclusive use by-law, and other by-laws. If the by-laws are unclear then it all becomes a bit murky and may need to go to Adjudication for expert opinion.
Hi Lisa, Thank you for your information. Doris.
Insurance stuff-up – do we have any recourse?
Our BC manager ignored the insurance broker instructions that our complex could not get insurance via a broker (bad claims, FNQ) and advised them to approach insurance companies directly. The BC manager instead contacted a different broker – who had the same issue and the same advice. The committee was not advised in a timely manner, and were left trying to get insurance in Townsville when there was a weather event looming and no companies would take new policies until the event passed. To ensure we had insurance (legal requirement), the secretary was able to arrange a different type of policy at significantly higher cost. (30K as opposed to 3K). If the BC manager had acted as advised at the time, the owners would not have had to pay an extra 27K insurance costs. There is naturally more to the story, but is there any avenue we can investigate to try and get some of this extra expense back from the BC manager? In my opinion, they were negligent – and it has taken them nearly 6 weeks to request a cancellation value from the expensive policy and to arrange an EGM for us to change insurers. Thanks is advance
Hi Della
I realise that’s a broad strokes outline but sounds like there may be a case to answer here. It would be well worth seeking advice from a Strata Solicitor.
Hi Lisa, we have just bought a unit in QLD and a professional agency is helping us with the leasing. The problem we are facing is that a lady onsite, claimed she is the developer, body corporate manager and also the agency leasing the properties in this building, causes troubles to us because we didn’t let her leasing our unit. She disturbs every open inspection and doesn’t reply to our requests like an extra set of remotes. And recently the dryer machine in the unit is gone and all my remotes have been disabled, which means I cant get access to my unit anymore. I contacted with the body corporate management listed in my contract. They say they only responsible for financial management, administrative committee, and meetings. The repair and maintenance is a third party’s job. all they can do is pass through our request to them. Are there any organizations can regular their behavior and protect our rights and interest? all the only option left to us is Solicitor? Thanks
Hi Max
It sounds like the onsite Caretaker is upset that you didn’t use them to lease your unit. There behaviour appears petty. Legislation can’t regulate people’s behaviour, unfortunately. You are going to need to deal with the person as best you can.
There will be a specific process for obtaining an extra set of remotes, and there may be restrictions. Check with your strata manager. You may need to send a request to committee, although it is likely the person to contact will be the Caretaker. Complete the appropriate application and pay the fee and they should not have any reason for delays.
The dryer in the unit is your responsibility to deal with. Its part of the lot.
If the behaviour escalates you have a couple of options. You should direct a complaint about the behaviour to your committee. Its possible they won’t do anything about it but the matter should be included in body corporate records for anyone to see. IF nothing happens there you can seek help from Office Commissioner Body Corporate seeking an order they stop being whatever it is they’re doing. Be aware though, this is legal action and may simply escalate the situation.
Its horrible having to deal with people acting like this. Your best option might be to keep out of their way as much as possible. Hopefully your agent will be able to deal with most matters.
Thanks for your help. It has affected my life this whole year and causes big financial loss. Seems like I don’t have many options at the end…
Thanks again. Very very appreciate.
I was absent for our AGM so sent my apologies by email and in that email expressed an interest in being on the committee. On return I rang and was told there was no chairperson and secretary and I could not be on the committee – just could take one of the roles not filled. I declined and requested the BC manager give reasons for decision. My neighbour and I have had years of war]ter leakage from apartment above – the couple who live above made it so difficult to get the leak attentioned and to date we are waiting for a decent downpour to test the latest work. I paid for a water detector. The people above were livid. They are on the committee and in my opinion hold the whole water saga with anger. They are deliberately blocking my neighbour and I from becoming committee members. what can we do/
I was absent for our AGM so sent my apologies by email and in that email expressed an interest in being on the committee. On return I rang and was told there was no chairperson and secretary and I could not be on the committee – just could take one of the roles not filled. I declined and requested the BC manager give reasons for decision. My neighbour and I have had years of war]ter leakage from apartment above – the couple who live above made it so difficult to get the leak attentioned and to date we are waiting for a decent downpour to test the latest work. I paid for a water detector. The people above were livid. They are on the committee and in my opinion hold the whole water saga with anger. They are deliberately blocking my neighbour and I from becoming committee members. what can we do/
Hi Sue
To join the committee you need to either nominate prior to the end of financial year or nominate / be nominated at the AGM. Your strata manager should send you an invitation immediately prior to end of financial year including a nomination.
I’m confused by what you’ve said regarding no Chairperson or Secretary. These are both positions on the committee. If they are not filled then there is no reason not to take the role. You said you declined, which indicates you’ve said no to the position. If you’ve declined there is no barrier to entry.
i have owned my apartment for over 3 years and the communal pool has been out of action for one full summer & left cold the one prior. A vcat app has just been put in for defects to the common areas inc the pool. The managers Ace have worked with committee to have it cleaned & filled with fresh water (advised end of Oct) yet fail to advise it is safe to use with filtration connected. We are provided little to no information despite still paying full fees during it’s unavailability. 2 weeks have followed & they wont provide any answers. How can I lodge a formal complaint for therir continual delays and incompetence? The property is in it’s 10th year and the extended warranty is over this Jan. i truly believe this Management & developer are linked and the management are prioritising them?
Donna
Hi Donna
You should be careful what you write and accusations you make as it may be defamatory. I understand your frustration with the situation but it is unlikely that there is some conspiracy going on here.
If a VCAT application has been made there is a dispute. I’d suggest that the developer/builder are not meeting their obligations to make good the pool. Your committee, who are the management for your scheme, ACE being the strata manager and administrator for committee, have obviously chosen to pursue the developer through court seeking either compensation or an order they fix the thing! The other option the committee has is to fix the issues themselves which will drain owners funds. This sounds completely competent to me.
You are certainly not the only owner affected by building defects. Its a national disgrace that so many buildings are being built with such large defects. Its frustrating and devastating for owners who’re caught up in this mess. Though I don’t doubt your strata manager has their share of issues from the little you’ve said I don’t think this situation is there fault nor do I think them incompetent.
Any queries you send will be forwarded to the committee for reply. Committee are volunteers and by the sounds of it have a lot on their plates. Two weeks is not a long time in the world of strata to wait for a reply. Potentially you won’t hear anything until the next committee meeting, if then.
Hi
A lot owner asked for repairs to be done ($15,000 worth). This was rejected by the body corporate. He is suing and there was a directions hearing and interlocutory hearing in August which was not told to the owners until November when we were asked to vote on a special levy to pay for the legal fees ($25,000). Then it went into mediation and the owner of the lot won in which there is now costs to get the works done ($25,000). There is another meeting asking for more legal fees ($25,000) and to pay the works. He also wants lost rent and damages and the head of the body corporate is pushing to go to the supreme court which will cost even more (He has a vendetta against the owner suing). Would I have a claim against the body corporation/strata or anyone for not providing information earlier to stop this spiraling out of control?
Hi Amy
You would need to speak to a Solicitor to know if you have a claim for damages.
Re the legal costs: the body corporate has an obligation before commencing legal action to obtain approval either via committee or general meeting, depending on the cost and certain settings of the body corporate. That would not apply when the body corporate is sued by someone else: in that case they have an obligation to defend the action.
Hi Lisa
I live in NSW. I’m under a lot of stress because of how the strata managing agent (the person who is appointed to handle the strata manager’s function for our building) has been and is handling the ongoing water leak issue which seriously affects our unit. At some point I had a very heated argument with this person. Since then he has refused to take my call or reply my emails. Everything is being communicated through his admin staff.
He is the strata managing agent. Technically he is our employee, isn’t he? Can he simply refuse to communicate with us – the lot owners?
I’m thinking of raising this to the chairman or the executive committee but I’m not sure whether it helps. As with the AGM, the committee meets once a year, as far as I’m aware of. The Chairman is very much, as much as I see it, on this agent’s side.
How can I remove him then?
As to the leak, it has been ongoing for more than a year and still not resolved. I’m considering engaging a lawyer to help handle this issue. But if I sue the Owners Corporation, the cost, or part of it, the Owners will incur to defend themselves is actually my own money, right? It is from our strata fund. Can I refuse to contribute to this cost?
Recently, I have also reported to the strata managing agent’s office on building structure issues, but they simply brush me off even though I have noted the seriousness of the issues.
Who would deal with the lot owners’ issues or concerns if the strata managing agent do not want to deal with them, just like that?
Thanks.
Hi JP
The strata manager is employed by the body corporate. They are answerable to the leadership of the scheme which is the elected committee. They don’t need to take direction from owners, and in fact are not supposed to do so.
Technically you should’t have much interaction with the strata manager. Any calls should be directed to written correspondence which should then be forwarded to the committee for response and / or action. Its the committee you need to deal with, not the strata manager. Its much like yelling at the receptionist expecting them to be able to do something about your complaint. They’re powerless. Deal with the committee. They may direct that goes via the strata manager however that is more for purposes of maintaining proper records.
Engaging a lawyer might be the way to go. In QLD definitely your levies would partially fund the cost of action, but I believe in NSW there is scope for you to be exempt from special levies etc if they’re to do with repairing damage / defects to your lot.
Its risky not to pay a levy charged as that may incur additional costs of interest and collection. If the levy is found to be viable you’ll have to pay the costs. Its easier to pay and argue for a refund later.
Hi there. I am on the Committee and there are two of us that have raised issues (in writing) with the strata manager but he is not responding to our correspondence. We have asked that gardening and cleaning services are tendered rather than the Property Manager seemingly hiring people without credentials and poor performance is being tolerated (he often uses mates). Is there someone we can approach higher up?
Hi Stephanie
The owners can complain about the gardening and cleaning services. What exactly is it that you expect the strata manager to do though? Really what’s expected is that your correspondence would be treated as a complaint and forwarded on to the committee. If you’re seeking to instruct the strata manager then it should come from the appointed committee member tasked with instructing the strata manager and be a decision of the entire committee.
In your place I would obtain quotes for different services. Circulate them to other committee members with a motion to replace the current service. If everyone agrees then the strata manager can be instructed to arrange. Alternatively get the quotes and table at the next committee meeting.
We have a “LOUD” barking dog in the complex we live in, (Qld) this has been ongoing for 6 long months, I have advised our complex manager & he has approached the tenant with the dog, to no avail, The Chairman is aware of this concern also.
What I would like to know, is at the body corporate meeting last week my issue was not raised, so what should be my next step please.
Thanks in advance for your help
Hi Kathy
Have you submitted a complaint in writing? If not do that.
After that’s done and its still not addressed in meeting you should raise a breach of by-law form 1 against the lot owner with the dog and submit to committee. Committee is responsible for policing by-laws.
If nothing is done after that then talk to the Commissioners Office regarding conciliation or Adjudication. You will have to try and self-resolve first and the first two steps will be some of the way toward that.
Hello and thanks for others above, speaking their mind 🙂
I’m presently on a merry go round and it’s speeding up 🙁
I’ve resided in my apartment in Vic for almost 13 years and approx 12 months ago I noticed mould on a bedroom chair which I immediately disposed of as assumed it was from a cold winter and the feather cushion we sat on
A few weeks later we found a lower corner also had mould showing researched how to clean and assumed again, all ok
January this year we found that overnight it had infested our 2nd bedroom wall, same area as before….all mould was no higher than the bottom of window to floor. Same bedroom wardrobe showed a couple of clothes items with spots. Then I noticed main bedroom and shared wall with 2nd bedroom had mould cleared wardrobe and drawers, soaked clothing hung to dry and cleaned back of bed in main bedroom and walls etc..
Took photos of all, sent them them to body Corp management and included detailed description and asked for their direction to what I should do as it was obviously more that last August’s winter
Waited 5 days and no reply Sent follow up email Still no reply
now it’s 12 days and still nothing so phoned Management They gave no explanation for their silence and said they’d send a plumber Not understanding that the plumber was to enter our apartment, I left it with him
Our affected walls share an outside Garden…..no reason plumber couldn’t investigate from the outside and he would ask to then come in? Work and COVID crept in and before we realised, June was here AND so was the mould and this time all over drapes, walls, inside wardrobes, drawers Every corner it could hide it had
Pulled everything out and this time a our home transformed into a Chinese laundry!
The smell of damp worsened as I was pulling everything from shelves etc….
Sent BCORP an email and asked what the plumber had reported and was informed zilch as I hadn’t been home
Bewildered, I explained the walls should of been checked outside if they thought it was pipes. I’m on a corner so pretty easy to take a look bcorp sheepishly arranged for him to return and I goggled my own Assessor
A week later plumber said he wasn’t experienced with rising damp / mould Took his moisture readings from 3/4 up the wall, advised my woollen blanket curtains most definitely would be contributing to mould on windows GOOSE! I had removed 3 windows of their drapes and makeshifted bedroom privacy…..those Oversized Bunnings tubs held soaking drapes Ohhhh knew this was going nowhere The independent assessor who took moisture readings from the lower wall areas confirmed the bubbles, flaking paint, cracks was from damp in the subfloor and need further investigation
Emailed bcorp and Again (4th time) asked for previous 18 months committee Minutes
Finally after reading 13 years of our apartment complex paperwork, (fortunately filled), we received the committee minutes and read of a 2014 building report that had somehow been left out of our 2015 AGM agenda pack
It detailed works to be conducted prior to repainting our buildings facade AND along with repairs it also said their were 4 thick layers of paint already on facade so gave 4 options to paint…..after repairs
2017/2018 they had painted our facade. The committee’s idea of repairs = putti’d over and paint and go
Took initiative and dig away soil next to our damp walls and found a relatively new (large 2015) garden drip system was dig into the soil and ran directly next to our damp Walls!
Emailed bcorp Asking for more documents including 2013 to present, caretaker newsletters……by the way our resident caretaker was the president of bcorp committee in 2014 so how that works is another unicorn on the merry go round
Supposedly 2.5 days per week is now worth $40k. This will be questioned at end of year AGM
Plus same committee and miraculously 2014 president whom resides with caretaker and was not appointed at 2013 AGM had also employed a project manager…..to oversee painting our facade….have to admit, our garbage bins never smell 👌
So whinge over : put my own claim into Building insurance, CHU (baseball bat needed) And have been recommend amongst other shortcomings…..my issue is from condensation and I need to change a few lifestyle choices.
Yes I do….
stop sleeping in new bedroom/Lounge room
take out my super so that I can relocate my son of his room
Wait for min 5.5 weeks…2nd insurance assessor, who CHU has said will let me know if reading Building reports And looking at all photos etc…. is necessary
Couch surf and thank my friends and family
Pack up my home after 13 years
Realise my garage floor has some white shite on the ground so HIRE a storage unit
Wait for obviously no reply from Bcorp and mentioned all to CHU who don’t gave a merry rats bottom
Massage my swollen hands, feet and remember to stretch
Try and sleep but each time I reread paperwork….listen to ooops audio recorded of CHU assessors
Again look at 13 years of property images HOW can I sleep?
Only tonight I was looking Online for blueprint plans of our building……yep bcorp have nothing and we spend well over $10k on plumbing a year
I see a 2017 Ariel image of small roof section that been repaired and happens to be the roof of our caretaker + partner And 2 other committee members
Ok need to vent….again
2017 = insurance $1,000 excess
2018= $1,500 2019= $2,500 2020= $5,000
Levies Substantially increased in 2011 to 2019 reduced a little this year
Didn’t really voice my struggles to budget and pay my sons unfortunate back surgery and rehab costs 2013 to 2019
and how their garden was described in a report I’ve read as a ‘luxurious garden setting’
Now I’m CROSS……a lawyer is way expensive and have been fobbed off by no win no fee lawyers
Added to being told yesterday that the present roof repairs (not the asshoees 2017 roof as there’s is wonderful)
No no the roof is not proceeding to be repaired over to our side of the building
Because they want to see how it takes…
I can show them this 2017 image as the GOOSES already know how it #####ng takes, There roof was repaired before November 2017
But wait there’s more…….ohhh so so sorry……Son was pushed out the door 5 weeks ago and our cats Marvin and Barri just aren’t interested
This condensation that’s coming from our 13:year old bathroom | clothes dryer With NO MOULD in bathroom or hallway or kitchen then wallah it’s in 2 x bedrooms has a leaking pipe from upstairs to mine and real estate agent want do anything and Bcorp….breath and exhale as 3 weeks later 0 nothing
Last set of steak knives On offer…….any takers
? someone’s going to need to remove a unicorn horn REAL REAL soon
Resting my head on a pillow in my lounge (bedroom)…look at wall that shares my courtyard and I can see an odd shaped 30cm H x 15cm W discoloured patch WATER penetration exactly where they quick fixed and painted over
Exactly where assessor has taken his own photo that’s slightly on its blind side unless you look hard and skipped over In their report (yeah 2 grown men who treated me with much disrespect
So I’ve eaten through my super, unemployed due to COVID, owe bcorp fees That they are certain to use against me cause that’s how they roll……
And it’s 5:00am sorry I’M Not proof reading above AND thank you to those who read this mini series we have named HOUSE OF HORRORS
and and and THANK You so much for allowing me to ‘Speak my Mind’ x
Anyone and everyone, stay safe, stay home (if there’s no damp / mould) and a requirement like us in Vic
All welcome to comment but please be courteous……You can’t make this up lovie’s
and
all backdated newsletters from our dubiously self appointed caretaker who in employed, onsite, atappointment if himself as our caretaker was the committee president became our caretaker in June 2013
why has these comments and replies dried up ?
we have a body corporate / managing agent that is absolutely useless. i have been complaining almost every day for the past 7 months on the noise disturbances and to date nothing has been done. its the same transgressors all the time and its not just me all the owners/tenants that are in close proximity to the transgressors complain all the time but our complaints fall on deaf ears. i have been having sleepless nights since i moved in. i fall asleep at work because i’m not getting a decent night sleep at home.
can i sue the body corporate for ignoring our pleas for help?
Hi Reg
Sure. Issue a form 1 to your body corporate. This is essentially a breach notice about the transgressor which is issued to your body corporate. They are then required to do something about it. If they don’t, you can then seek Adjudication that they do something.
A couple of caveats: 1) the body corporate manager is not responsible for issuing breach notices. When complaints come in they refer to your committee, who then instruct them on what to do. Any Adjudication you seek is going to be against your body corporate committee not the body corporate manager. 2) they may already be doing the things they are required to do to get rid of or shut down the person causing the disturbance. If they are a serial offender with a FU attitude then there is a long process that needs to be followed. They may already be doing it. Find out first.
Remember that your dispute is with the person who is causing the disturbance.
Hi, I live in a 61 home townhouse complex where everyone is in each others back pocket. We live very close to each other. I share a driveway another and both bedrooms are right over the driveway. For the last 10 months the person I share driveway with starts very very loud motor bike between 3am and 4am each weekday morning including public holidays. On top of this there is another bike which looks and sounds very similar who does the same this during the same hours although not as often – some weeks every morning other weeks nothing at all but the one under my bedroom window is everyday. Our body corporate rules state that this is not acceptable.I have complained to the body corp on numerous occasions and to make matters worse I rent – so i am not privy to body corp meeting etc and they don’t communicate with me. I do not have the option of moving and even if I could move the way the rental market is – I will not be able to find anywhere anyway. Please help me! I don’t know how you can help but I NEED this to stop. I am exhausted and so sleep deprived it is ridiculous. I fear driving and am often nodding off at my desk at work. Please tell me there is something I can do about this?
Hi Christian
You must first try and self resolve this issue with the person involved. Talk to them. Explain how its impacting you and ask if there is something they can do to mitigate.
If that fails you can talk to the Office Commissioner Body Corporate about raising a dispute. This is between you and the neighbour, or you and the body corporate is you choose to do something there. If the person is breaching the by-laws then there may be something that can be done. However, be aware, if you go that route it is legal action and no one can know how an Adjudicator may decide. You will be expected to put up with some level of noise in a strata scheme.
Our building operates under the Accommodation Regulation Module. We held our AGM 6 weeks ago but to date, and after applying considerable pressure, we still haven’t received the minutes. There were a number of significant expenditure items voted on (>$20K, our major spending limit), however, no quotes were presented to the body corporate. This included a lift upgrade estimated at some $130-150K. We’ve approached our committee but, due to a change of BCM (voted on at the AGM), it says there’s nothing it can do to expedite the minutes. We’ve been issued a special levy notice for items budgeted for this financial year with some already having been completed and paid for prior to the AGM. What do we do?
Hi Martin
This is a curly one. I would say raise the matter of delayed minutes as a dispute with your strata manager. However, since the worst has already happened (ie they were fired) then there is not that much of an incentive for them to finalise the minutes with any alacrity.
It will be up to your committee to keep trying to get the details, and if they complete fail to prepare the minutes, which does happen when some managers get voted out, then your new manager will have to try and recreate the minutes as best they can.
I didn’t receive an invitation to the annual body corporate meeting at which the levies were increased by 30% so I wasn’t there to voice any opinion on that. I am an aged pensioner so an increase of $250 a year leaves a big hole in my pension. Is it illegal not to send me an invitation where I can have my say? I have contacted them but was told I just have to accept it.. They are very lax as when the lawn needs mowing I usually have to tell them or send a photo. I have been there 5 years and it is always me that has to tell them when things need doing. I am 77 years old so find this very wearing
Hi Val
It does breach legislation that you did not get the notice. Whether it will make any difference will depend on the voting. If the voting was close and your vote would have made a difference you might have an option to seek adjudication on the matter.
However, as you’ve said, this is all quite wearing for you. That is another task to address. It must be frustrating to have to always be on their case to get things done. You might be the only owner who is onsite. Unfortunately there is no easy solve for that problem.