Problems with a non responsive body corporate manager

[Raddles]

HI there
just wondering if anyone else has come across this sort of problem - and how it may have been resolved.

I have a relative who is involved with a body corporate that has been run by one of the owners for the last few years. In recent times that particular person has had some personal issues which means the body corporate is no longer getting her full attention.

More recently one of the other owners suggested getting a professional body corporate manager in to run the show - which did seem like a good idea given the other person's difficulties.

The existing body corporate manager was asked to call an extraordinary meeting of members to consider the appointment of a new manager. She has not responded to the request - and the only contact phone number for her ( a mobile phone) has been disconnected.

On my reading of the body corporate legislation - this other interested member could step in and call a meeting of the owners to appoint a new body corporate manager. I have suggested to him that is what he does.

However, it is not clear how records and bank accounts could be transferred across without the cooperation of that other lady.

Anyone been through this before? the particular property is in QLD
thanks

 

[marg4000]

I suggest that a special meeting of the body corporate is called - read the bylaws to see how many owners have to agree before one can be called.

Ask a representative of one of the BC managing companies to attend the meeting to give a short presentation of the services they offer and their charges. Should they be appointed they will know the correct procedures to follow regarding bank accounts etc.
Marg

 

[Raddles]

thanks Marg
on my reading of the body corporate legislation - if at least half the owners send a letter to the body corporate manager requiring return of the records - and she does not respond by returning them - she is up for a financial penalty and can be prosecuted. I am hoping it won't come to that.

The meeting has been set to discuss the appointment of a new Body corporate manager and has been called by the other interested member who has stepped in and been running the common property maintenance whilst the other party has gone to ground.
thanks

 

[Raddles]

HI again
just in case anyone comes across this sort of situation again.

The story has become more complicated - the particular person who ran the body corporate has not called an AGM in years - they have been operating accounts without any oversight and there is now a real concern over what has been happening to funds in the administrative and sinking funds.

I have independantly checked there is insurance in place for the building - but the property is definately underinsured.

The body corporate records have not been handed over - so I have actually started assisting the members in preparing the voting papers and doing the letter of demand before court action to recover the records. Getting nasty all round.

For those of you investing in units where there is a body corporate - make sure you do get involved - I hope you never get into the sort of mess I am currently reviewing.

thanks