Our strata committee recently met and approved the 6 month financials. As a lot owner, when I noticed this in the minutes of the meeting, I asked for a copy of the 6 monthly report to review. The committee refused to give me the report saying I must wait for the annual meeting to get the annual financials. Our Strata Management company does not have a portal. What rights do I have to see the 6 month financial report and how can I access it?
We have a new strata management company. They have sent owners a letter to update their current information, including the details of the financial status of ownership, i.e. is the property owned or mortgaged? If mortgaged, who is the loan with? If the mortgage has been discharged, what is the date of discharge?
This information is private and has nothing to do with our property's management. I do not wish to give this information. Am I legally obligated to tell them?
How do lot owners request access to the strata records from the strata managing agent? Do I need to specify a subject matter or can I request all records about a certain period of time?
Do the records contain all communications between owners and the strata manager? Can I download the information to an external device, or will I be limited to view-only access?
In our strata scheme, owners are completely in the dark, and this seems to be deliberate.
Our builder installed a roof and self certified waterproofing which has been found to be defective. The developer and builder recently voted down a motion by the owners to lodge a claim with QCAT to have outstanding DTRs ordered by QBCC, completed.
I purchased a new apartment block.
The developer has decided to retain the commercial lot (paid admin/sinking levies) but he also has retained and is renting out another unit and has for over 6 months, however has not paid the admin/sinking levies.
Our Body Corporate Manager has advised that the developer is not required to pay the levies for the first 12 months. Is this true?
Our scheme has 20 lots and our purchase contracts contain a clause giving the developer voting rights at general meetings on our behalf for the first 12 months. Was the developer in order in conducting an Inaugural General Meeting upon the set up of the scheme at which the developer ratified levies and the insurance cover as well as for deciding NOT to appoint an auditor for the first financial year? These were motions additional to what the developer would generally do upon the establishment of the scheme.
The Power of Attorney clause in our contract for the purchase of our apartment states: "You will for a period of 1 year after the scheme is established permit us to exercise as your proxy to your exclusion all your voting rights at general meetings of the Body Corporate to the fullest extent permitted by law."
Under a further clause "Grant to us a power of attorney to exercise all your voting rights at general meetings that deals with"
Followed by a list of the specific matters to be dealt with.
During the first AGM, a director of the developer was appointed as the original owner's representative. This person nominated and accepted themselves for all statutory positions (chair, secretary and treasurer). They determined they had a quorum and declared that the meeting decisions were not restricted items under the BCCM and, therefore, did not require a secret ballot. They executed agreements with a caretaker who is a subsidiary of the company for which they are a director. The agreement is a 25-year contract that no owners reviewed or considered.
Of the 67 units in our two year old body corporate, the builder kept 37 units and is a body corporate committee member.
Is this a conflict of interest? There have been a few relatively minor issues the builder refuses to fix even though they are defects. Can we do anything to limit the builder's power?