The case; you own an apartment, pay your BC levies for the common property, for project management the building manager, for services like cleaning, repair and maintenance, etc and at the end of the year the budget is spent but maintenance, repairs, cleaning haven’t been done to standards you would expect and remedy expenses are passed on to the next budget. In other words you pay three times – for the building manager, for service providers and finally to complete the work (signed off by the BC chairman) with a new budget. What would you do?
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Your chances of getting some recompense for money paid on sub-standard work by the BC are pretty low, although you can have a go in the Tenancy Tribunal division for BC disputes. Really, though, the only real long term remedy is to step up yourself....
In other words, go to the Committe and explain your disatisfaction - but have solutions; ie propose new manager or contractors and have options for them with prices. If they won't budge, see if you can get disgruntled owners with sufficient votes together, change the body corporate committee, fire the building manager, hire new contractors for cleaning/maintenance/repairs.
If you can't get people to support you, then you can take the BC to the Tribunal....but you'd quite possibly be doing it every year, and there's the chance of losing, as well as alienating the unit owners that have to pay for the defence of your claim.
If you simply don't have the time for any of this, as many busy people don't, then there isn't much else to tell you....register your protests, repeat at the AGM, not much more you will have time to do.
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Yes, that is exactly the point – I’ve seen it all that many BC are not functioning and that poses a huge risk to investors.
Years ago I did sue the BC secretary but the case was deferred because of jurisdiction. BC secretaries are not responsible, what ever they do, acting on behalf on the BC and have a disclaimer attached to the contract as lawyers, accountants etc. These days that might be easier with the UTA 2010.
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