Question: Our builder appointed an unhelpful OCM. Levies have not been sent, maintenance has been neglected, and AGM has been delayed. Can owners who haven’t received levies still vote, and how can we improve the situation?
Our builder appointed an owners corporation manager (OCM). The OCM doesn’t seem very co-operative. Owners moved into the building mid 2022. We have to contact the OCM to send our annual levies. Maintenance isn’t carried out, and our first AGM with the lot owners has finally been scheduled, only after one owner kept following up.
As owners did not received their annual levies prior to the AGM, are owners unfinancial for purposes of voting. Aside from seeking another OCM once the existing agreement ends, what remedies do owners have?
Answer: Victoria’s lack of industry regulation makes it very difficult to hold owners and corporation managers accountable for their actions.
This sounds like an unacceptable situation that no ownership group should have to find itself in.
The unfortunately reality is that the legislation and lack of industry regulation in Victoria makes it very difficult to hold owners corporation managers accountable for their actions. Terminating the manager sounds as though it’ll be your best and only recourse.
If the owner corporation manager is a member of the Strata Community Association (SCA), you could lodge a complaint with them (SCA Complaint Management Form) to see if they will help address your concerns.
Regarding your financial status for the meeting: to be considered unfinancial for voting at the meeting, an owner must have been issued a levy notice and failed to pay by the due date. If the annual levies have not been distributed, then owners haven’t been given the required opportunity to pay and thus would be considered financial (subject to payment of previous levies).
I suggest contacting a strata consultant, as they can talk you through your options to get the best outcome from the meeting.
Callum Wilson The Strata Shepherd E: info@thestratashepherd.com.au P: 0431 925 908
This post appears in the May 2024 edition of The VIC Strata Magazine.