Question: Our committee and body corporate manager are both ignoring by-law breaches and safety issues. What can be done about a dysfunctional scheme?
We live in a complex of seven townhouses. Three owners don’t live on site, and two of those are committee members. The chairperson lives in the complex, constantly parks on the grass and common property, and has one unregistered dog. There are three more dogs and about five cats in the complex that also aren’t on the register. I’ve reminded the committee a couple of times about the neglected maintenance and ignored by-laws, and I’ve obtained some quotes for the maintenance issues. The WHS reports haven’t been attended to either, and the occupants of the three rented properties aren’t on the roll.
The chairperson’s latest two replies were very different in tone. The first, an official reply, states that I’m not communicating properly with the committee, have no right to obtain quotes, and they are already aware of the problems. The second, sent as an owner rather than in an official capacity, involved personal threats, which I’ve reported to police and had filed, though not yet at a criminal level. All my communication was addressed to every committee member and the body corporate manager, but there’s been no response from the manager either. The complex is in a state of anarchy. One owner is claiming ownership of two visitor parking spaces, which aren’t marked. What can be done?
Under the Body Corporate and Community Management Act 1997, the body corporate must enforce its by-laws. What options are available to an owner when the committee and manager are both unresponsive?
Answer: Owners can apply to have an administrator appointed to take over a scheme that isn’t functioning.
We think there are three possible approaches to your situation, which we agree doesn’t sound great.
The first approach might be to address the individual issues in order of priority. If parking is your biggest issue, then enforce the by-law (assuming there is one) about parking. Refer to this excellent resource from the Commissioner’s Office about how to enforce by-laws. Addressing individual issues might focus everyone’s attention on what needs to be done, and things may start moving along as a result.
The second approach is to look at things broadly. If your scheme is in “disarray” as you say, then it might be what we call “dysfunctional” and require the appointment of an administrator. The administrator’s job is to get the scheme up and running again so that it can operate properly in future. To get an administrator appointed is a serious step, so you’d have to be able to show the body corporate cannot manage its own affairs. Key indicators of a dysfunctional body corporate are:
- no functioning committee,
- no budgets adopted and no levies struck/collected,
- no funds being maintained,
- records not being properly kept,
- no maintenance being done and
- no insurance in place.
You’ve listed a few things which may mean your scheme is dysfunctional.
The third approach is engaging with the other owners, ensuring you are sending clear and consistent messages about the risks (financial and otherwise) the scheme is facing by not taking action, and seeking their support and cooperation. If the issue you face is the committee, or certain people on the committee, it might be necessary to look at changing the committee.
Is it unfair that it falls to you to be the one to have to deal with this? Yes. Unfortunately, though, it does require someone to take the initiative, so please be sure you have the will, resilience and resources to see this through. Think about the above, seek qualified advice as necessary and then get started.
This is general information only and not legal advice.
This post appears in Strata News #803.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898
