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If requested is the body corporate management required to…

If requested is the...

If requested is the body corporate management required to supply a copy of the minutes to a committee member. We keep being told they are on the website however this is not the case and as we have a meeting tonight we need to read.

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Victoria

Lawyer's Assistant: Has anything been filed or reported?

Yes I have requested by email and by phone. Keep being told they are on the web page.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

If the body corporate committee has held onto a large sum of money ($60,000) for lift replacement when VCAT ruled 4 years ago that user pays (only 10 apartments have use of the lift in a group of 64) is this inappropriate.

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Answered in 5 minutes by:
11/20/2017
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,282
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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The Owners Corporation is required to provide minutes of its meetings to the members.

If they are not on the OC website, a claim may be made against them.

This situation could also amount to misleading conduct by the OC manager as well.

Regarding the lift do your have the order issued by VCAT so I can review the same ?

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Customer reply replied 7 months ago
No I don't. I am aware it is a precedent now and was decided in 2013. The OC manager advised at last months meeting.
Can you tell me if failing to investigate and undertake repairs and maintenance to a property is appropriate?

You are correct.

If the OC manager has failed to repair the lift when it is required to do so, the unit owners can remove the OC manager and appoint a new manager as required.

The OC must act accordingly in the best interest of the owners.

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Customer reply replied 7 months ago
Sorry my mistake. Can a committee and body corporate manager withhold funds from other general repairs and maintenance to keep $60,000 in the sinking fund for lift replacement just in case. Nothing currently wrong with the lift used by only 10 apartment owners out of 64.

The OC has to comply with the members charter (constitution) for the sinking fund.

I have extended a special offer to talk to you on the telephone to make it easier if you prefer ?

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,282
Experience: Principal Lawyer at Legal AU Pty Ltd
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John Melis and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 7 months ago
Contact me on 0411 965 641

ok.

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