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the strata manager in 2007 allowed the original caretaker to use proxies to achieve a quorum to resolve the motion where he should not have as he got a pecuniary benefit and also 2 EC member took it on themselves to assign it to this new caretaker and so owners did not have a say as it requires a general meeting. we did not realise this did not occur but we are 5 years down the track. The caretaker even admitted that he thought it was invalid too in a tape at a general meeting.
Sorry sent that before finished. It was a contract for 10 plus 10 ( 10 years too long we now know).
Letter of demand seeking balance of 5 years contract payments and costs or will go to district court. We are wondering if we get into CTTT can we head him off and throw it all at him.
He had offered to sell it for 1 years payment 6 months ago.
Thanks Sean, but given that we kind of have already terminated him, we say recognise there is no contract and have ceased paying him ( bit of a cop out).... can we still take it to the CTTT to have the decision ratified.
Are we screwed if he takes it to the District court and , even though we only found out about the breaches, he argues that we paid him for 5 years and it was our error and we are liable.
Unfortunately the insurer has dumped us as we thought we had cover, but they say we only have office bearer cover and he is going for the OC.
Would we be best to put in a CTTT case which is lower cost and have our decision ratified as a blocking tactic or just a strong letter from a lawyer.
He has disputed the repudiation and performance breaches in general statements , does that give us grounds to ask the CTTT to make a ruling. Some of our owners are nervous about the cost of district court vresus CTTT. If we get our foot in the door at CTTT does that block him taking us to district court?
Hey thanks Sean this is really helpful.
yes, thanks, XXXXX XXXXX sections and have letters from DOFT confirming this and the invalidity seems rock solid, it is just that we have paid him for 5 years and even though we just found out about the invalidity and have acted , could we have "created" a contract by virtue of him doing some duties over this length of time. We had an EGM and we voted to view the contract as invalid and noted that the performance breaches were such that we had grounds in gross negligence and non rectification after 14 days notice of a breach ( the 2 types of termination clause). He knew we had termites in a fence and never told us. When the tenant he put intot eh caretaker unit he owned told us and we found out, we asked him and he didn't reply over a period of a month ( the rectification period is 14 days. He gave favourite owners exclusive access to common property storage rooms and did not act in the best interest of the owners. We also asked him in writing on several occasions to reopen a guest bathroom and he flatly refused and when he did, he promptly locked it up again. that we in effect had a monthly service only and so gave him a months notice. There are photos of doors covered in mould, pool carpet with holes never reported etc. He thinks he did a great job, is this dispute enough to go to CTTT or once we have made the decision is that it and the next step is his?