I resigned from a position on the executive committee, returning cash, keys and records. No acknowledgement has been given for receipt of the items. I'm concerned the member is not meeting their duties.
In the middle of last year I resigned from our owners corporation Executive Committee.
To finalise my involvement I returned some cash, a set of keys and a full set of records to do with my particular responsibility. I asked for a receipt and acknowledgement that the records had been received.
Nearly 10 months later and despite several reminders I have yet to receive any response. I am concerned that the EC member who received the money, keys and records is not meeting his duties as a director and would appreciate some advice on how I can progress a complaint and/or resolve this issue?
There may not actually be a problem.
The first issue to determine is whether there is an actual issue. You don't actually know that the executive committee has not complied with your request. Further, to determine whether there has been non-compliance, you would need to conduct a wide ranging investigation which would necessarily involve, at a minimum, interviewing the various executive committee members and strata manager.
Further, the only formal way in which the matter can be dealt with is to seek an order from ACAT that the Code of Conduct for executive committee members has been breached. However, this would involve a significant amount of work and there may not actually be a problem. For example, you would need to prove that the money was actually not paid to the owners corporation and questions would arise as to why you gave the money to another executive committee member rather than the strata manager who operates the bank account. In my experience, most treasurers don't actually carry out the functions attributed to them under the legislation and rely upon the strata manager.
It would seem that a lot of work awaits you for something that may not merit such work.
Log in to your existing Lookupstrata Account to download the printable file.
Christopher worked for many years in leading commercial construction law practices acting for government, developers and contractors in the building, transport infrastructure and resources sectors. He has been involved in all forms of dispute resolution including litigation, arbitration and alternative dispute resolution in a range of jurisdictions in Australia. Christopher also has a number of years’ experience in contract drafting, risk analysis and providing general construction advice having been involved in a whole range of construction projects, from minor works to projects worth billions of dollars. Christopher holds a Masters of Laws, is a Law Society of NSW accredited specialist in commercial litigation and is a member of the National Editorial Panel of the Australian Construction Law Newsletter. He has published in a range of law journals and associated publications. In the last few years, he has brought his specialist construction industry knowledge to the strata sector and now only acts for owners corporations in a range of jurisdictions. Christopher has also developed a specialization in ACT strata law, acting for ACT owners corporations in a range of matters. He has provided training to most ACT strata managers and is the author of the Kerin Benson Lawyers Guide to ACT Strata Law which is intended to become the standard reference for strata law in the ACT.
Christopher is a regular contributor to LookUpStrata.
Lookupstrata Directory
Looking for ACT Strata Specialist in your area? Search within our LookUpStrata Directory for the best list of contacts available
Search the directory
Comments
Log in to leave a comment