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  1. #11
    Join Date
    Oct 2003
    Posts
    3,578

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    Quote Originally Posted by graemeh View Post
    Their recovery options under the unit titles act are very limited and very expensive so there will be a large element of bluff in what they are doing.
    Recovery is hard but the debt stays with the unit - may make it difficult to pay. I would dispute on the basis that the fee is unreasonable.

    re getting stuff fixed - are they acting as the building manager or the body corp administrator (their name maybe misleading me?). Do you have a bodycorp committed as they should be organizing/reviewing this stuff.

  2. #12

    Default

    Snap.........

    Body corporate battles
    Reporter: Jacquie Hudson

    The body corporate's from Tuscany Towers, Waterford Apartments, Ponsonby Crest all say that besides Michael Chapman Smith being difficult to deal with their main complaint was not getting enough information about how Strata Title Administration was spending their money. They say when they requested information it was usually ignored.
    So they all called an Extraordinary General Meeting or EGM and everyone voted Strata Title Administation and Michael Chapman Smith out of their body corporate.
    The body corporates invited Michael Chapman-Smith to attend their EGM's but he didn't show and maintained the EGM's were illegal. They say he didn't return calls and didn't hand over their money and files to their newly appointed body corporate management company.
    Although the apartment owners didn't want him running their body corporates it was very difficult to get him to step down. Our apartment owners say Michael Chapman-Smith uses his own set of rules to manage body corporates, which he is legally entitled to do, but it's because of those rules it is very difficult to get rid of him if problems occur. They believe he's got his own interests at heart because clauses in their body corporate rules provide him with all the power. Their only option under the law was to go to court.
    Tuscany Towers took Strata Title Administration to the High Court. In their case, although the judge found Michael Chapman Smith was still technically secretary, Strata was obliged to hand over Tuscany Towers financial records and money. But Tuscany Towers say when they tried to get the money and records off him he never returned their calls. Recently Tuscany Towers body corporate was sent a bill from Strata for tens of thosands of dollars in legal costs
    Waterford apartments went to the Disputes Tribunal to try and get their records and money back. Michael Chapman-Smith's lawyer arrived at the hearing with a paper saying he was serving all the owners for their body corporate fees and that it now constituted a court case in the District court. The case was later thrown out of the District Court on technicalities but Waterford Apartment owners don't want to spend any more money fighting in court.
    Garden Grove in Tairua also say they can't afford to take it through the courts and that court costs will eat up the $10 000 that is owed to them.
    And as for Ponsonby Crest well they tried to take things into their own hands by going down to Strata Titles offices requesting funds and files. They sat in his office for at least 3 hours thinking they were at a resolution before being handed a tresspass notice.

  3. #13
    Join Date
    Oct 2008
    Posts
    171

    Default

    I have similar concerns and an accurate discription of how Strata Title Administration work with Impression Real Estate for control of the bodycorp and reckless money gathering. As I've experienced first hand it feels like Impression Real Estate are part of Conrad Properties who developed a lot of these apartment buildings in-mass through a network of subsidiaries. CitySales Real Estate is tied up to Impressin Real Estate and you will find these companies showed up when Conrad started doing these buildings and taking huge profits from sales of these units back to Aussie. They made sure all this bodycorp enforcement was set up before nay owners took possesion of their units so as to help dominate control to continue to take unnecessary money from us.
    I work for one of the contractors that Starta Title Administration claims costs from which I know our company charge is very high and Strata add a good percentage aswell to fill their own pockets with odd extra charges and lots of interest from the bank which I have never seen paid into our bodycorp account.
    See my thread here where I complain about Bodycorp charges by the like of Strata Title Administration; https://www.propertytalk.com/forum/sh...ad.php?t=18875

  4. #14

    Default

    My gripe with STA is the cost of the late penalties which was 1200 hundred dollars or 150 percent interest per month. Considering it was there stuff up, it may be a tad unreasonable. The Nigerians would be proud of that
    Last edited by Bob Da Builder; 16-12-2008 at 06:31 AM.

  5. #15

    Default Body Corporate - Dispute tribunal

    I own a flat in Wellington. My tenants in a few occasion had noisy
    parties that upsetted the neighbours. I was informed in August 2008 that
    I was going to be charged for damages and time spent by the property
    manager.
    I cooperated from the start giving 10 days notice to my tenants and not
    renewing their contract: in the meantime I asked several times for
    details of the charges and proof in order to re-charge those costs to my
    tenants. No reply from BC: at the end I was forced to apply to the
    tenancy tribunal, and at last the charges appears.
    With the occasion BC charged also costs related to previous tenants that
    had already left 4 months earlier. I had to negotiate at tenancy
    tribunal with tenants.
    I applied to dispute tribunal for the damages caused to myself and to dispute their invoices: Dispute tribunal rejected my application, the lady there was asking advice to the property manager on the unit titles act, as it seems BC have all the rights and the landlord none.
    Now they want to charge me also $1500 for legal
    fee, as first they issue the invoices, than ask legal advice to see if they can issue them....
    I will have now to appeal also to avoid the legal expenses...

    Any advice?

    Thanks


 

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