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I am the sole owner/occupier on a strata block of six units…

Customer Question
I am the sole...

I am the sole owner/occupier on a strata block of six units whom landlords decided must clean and maintain the common property "for free out of goodwill". This includes cleaning mess caused by illegal dumping of rubbish by landlords and their tenants, cleaning rubbish from the property, putting out communal bins and sweeping the internal courtyard, footpaths and raking leaves from the nature-strip and lawn areas. Landlords extract fent but refuse to contribute to maintenance of their garden-beds or clean areas claimed for personal storage.

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

Victoria

Lawyer's Assistant: What steps have you taken so far?

I itemised and invoiced for work provided, but was informed that I must provide "maintenance for free out of goodwill". I have provided $20,000 of ongoing maintenance since 2013

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

The owners corporation has falsified minutes and threatened to sell my home unless I paid fees and costs after the agent and landlords blocked mowing, repair requests and maintenance for eighteen months, forcing me to arrange and pay for mowing when the agent loaded a prior quote then blocked mowing by misinforming offsite owners that the gardener did not offer edging. The property manager has excluded me from OC meetings and advised landlords to change the minutes from the AGM and Special Meetings. The agent made a verbal contract "to accept quotes for services from owners", but rejects my quotes and insists on using his service people at over twice the market rate. I have been subjected to theft and vandalism, and trespass and stalking when I insisted that the contract was void due to breach of duty and unscrupulous conduct, bullying and harassment. an

Submitted: 3 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/30/2018
Solicitor: Leon, Solicitor replied 3 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,716
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 3 months ago

Good Morning

Are you saying that they have decided to have you do this for free?

Did you agree?

They cannot force you to do this. This is the duty of the body corporate and they have to pay and the cost os paid by all in their strata levies.

Was there an agreement that you would be paid and is there an agreement in place?

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Customer reply replied 3 months ago
No agreement was made, but no help with maintenance or repairs was provided by offsite owners or the property manager despite my request for equitable maintenance to be arranged at the AGM. Instead the executive representative has dictated that :"we don't want to maintain the common property for one person", who must clean our mess and repair damage caused by landlords' negligence, illegal parking and vandalism for free. Requests for repairs, security and maintenance are blocked or ignored. Reports of trespass, vandalism, assault and theft were ignored as the executive rep claims not to understand written or spoken English. His maintenance and insurance requests are immediately completed by the property manager without prior notification or endorsement by other owners. He has controlled and accessed funds that exceed his annual contribution but blocks or ignores my requests, illegally dumped rubbish, loitered on the property after dark then appeared to scare me, and has intruded in my rear courtyard area.
Customer reply replied 3 months ago
I am having trouble writing my mobile number for a call...0412412601
Solicitor: Leon, Solicitor replied 3 months ago

Good Morning

They have no choice

The act makes it compulsory on them to maintain and if they do not they can be personally liable.

If they have made those comments in writing or at meetings and it is documented you have good evidence to take them to VCAT and get compensated.

You may not be compensated fro your time but any costs you have incurred you can seek an order for.

If you wish a call you have to elect it and it is a further fee on top of what you have already offered.

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