Question: I am a lot owner of a Triplex. We are self-managed. There are so many issues that I just don’t know where to start.
I am a lot owner of a Triplex. We are self-managed. They were operating under a standard format plan but I found out that it should have been Building Format Plan. Also, the survey plan doesn’t reflect the buildings layout.
There are so many issues that I just don’t know where to start. I suggested that we enlist the services of a strata company to get us back on track and I was outvoted. We pay a quarterly amount into an account that the other 2 lot owners have access to and when I asked to be added to the account my request was ignored. We are having an AGM at the end of of the month and motions need to be submitted 4 days prior to the AGM.
Answer: You might look at seeking a Part 5 agreement, which is where a manager is appointed to manage the site, although that is rarely a desirable outcome.
As a start point you should make sure you are fully informed and have as much correct information as possible. Do you have access to the key documents for the scheme such as the CMS? The other owners should be able to provide these if they are acting as the committee – you are entitled to access to the books and records – but if it was proving difficult you could obtain copies of some documents from council. You can also request an updated financial statement from the body corporate so you can get a clear picture of where things stand – this may be a slightly different request from having immediate access or control over the accounts.
Once you have gathered the information you should contact the other owners and advise them of your findings and that the plan needs to be run on a legal basis. If they are refusing you have the option of taking the issues to the Commissioner’s office and perhaps entering a mediation process with the other owners. In the worst-case scenario, you might look at seeking a Part 5 agreement, which is where a manager is appointed to manage the site, although that is rarely a desirable outcome.
It’s worth remembering that even if you gained a legal victory the other owners would still be the owners and you will have to maintain a relationship with them. This can be quite difficult and you are entitled to assert your legal rights but so far as possible, you need to engage in a dialogue and work together. The alternative to this is legal battles, lawyers’ fees and acrimony which no one benefits from.
We can also note that it seems your AGM may be being called incorrectly given the dates provided and timeline for submitting motions.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
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