How to BYPASS Body Corporate

MoozlyBelle

Member
Joined
Oct 2, 2019
Messages
22
My body corporate has been unable and unwilling to provide our complex with fibre.

It has been two years since I actively started pursuing the notion for the complex to get fibre and they just keep making excuses. The admin of the body corporate has now blocked my emails and I can no longer make contact with her. This issue is affecting my job and I can no longer sit around and wait for them to wake up.

How can I bypass the body corporate and get fibre in my unit?
 

Steamy Tom

Executive Member
Joined
Jan 23, 2019
Messages
7,811
My body corporate has been unable and unwilling to provide our complex with fibre.

It has been two years since I actively started pursuing the notion for the complex to get fibre and they just keep making excuses. The admin of the body corporate has now blocked my emails and I can no longer make contact with her. This issue is affecting my job and I can no longer sit around and wait for them to wake up.

How can I bypass the body corporate and get fibre in my unit?

sell and buy a full title house
 

Fcon_Vpro

Expert Member
Joined
Oct 9, 2007
Messages
1,497
My body corporate has been unable and unwilling to provide our complex with fibre.

It has been two years since I actively started pursuing the notion for the complex to get fibre and they just keep making excuses. The admin of the body corporate has now blocked my emails and I can no longer make contact with her. This issue is affecting my job and I can no longer sit around and wait for them to wake up.

How can I bypass the body corporate and get fibre in my unit?
Become a trustee and drive your own agenda.
Thats what I did. Well I still looked after what was good for the complex, but I took on the fibre project and delivered it within my first year.
 

SmartKit

SmartKit Rep
Joined
Jun 29, 2008
Messages
8,219
My body corporate has been unable and unwilling to provide our complex with fibre.

It has been two years since I actively started pursuing the notion for the complex to get fibre and they just keep making excuses. The admin of the body corporate has now blocked my emails and I can no longer make contact with her. This issue is affecting my job and I can no longer sit around and wait for them to wake up.

How can I bypass the body corporate and get fibre in my unit?
CSOS. The guys are quite helpful. Body Corporate cannot simply ignore you, request an SGM and get a few signatures to force their hand.
 

SmartKit

SmartKit Rep
Joined
Jun 29, 2008
Messages
8,219
My body corporate has been unable and unwilling to provide our complex with fibre.

It has been two years since I actively started pursuing the notion for the complex to get fibre and they just keep making excuses. The admin of the body corporate has now blocked my emails and I can no longer make contact with her. This issue is affecting my job and I can no longer sit around and wait for them to wake up.

How can I bypass the body corporate and get fibre in my unit?
Or get a trustee to sell, realise how much not having fibre devalued the property and suddenly you have an ally.
 

MoozlyBelle

Member
Joined
Oct 2, 2019
Messages
22
Become a trustee and drive your own agenda.
Thats what I did. Well I still looked after what was good for the complex, but I took on the fibre project and delivered it within my first year.
They have secret meetings that no one knows about and if you aren't aware of the location you cannot become a trustee. My neighbour was a trustee for 8 years and they just had a secret meeting and voted him off because he was unable to attend once. Even the AGM they will send out a notice saying that the AGM is cancelled the day before and then they still have it somewhere else and just send us the minutes. I have tried almost everything to get on the board.
 

MoozlyBelle

Member
Joined
Oct 2, 2019
Messages
22
Or get a trustee to sell, realise how much not having fibre devalued the property and suddenly you have an ally.
No one can sell or rent because the entire Parklands has fibre except for our complex. Even having more people on my side is not swaying the body corporate to do their job.
 

SmartKit

SmartKit Rep
Joined
Jun 29, 2008
Messages
8,219
No one can sell or rent because the entire Parklands has fibre except for our complex. Even having more people on my side is not swaying the body corporate to do their job.
The SGM comprises of all other general meetings held in the scheme that is not an AGM. A SGM may be called by the trustees whenever they think fit, and must be called upon a written request made by owners entitled to 25 percent of the total of the participation quotas of all sections, or by any mortgagee holding mortgage bonds over at least 25 percent in number of the units in the scheme. Should the trustees fail to call such a meeting within 14 days of being so requested, the owners or mortgagee concerned shall be entitled to call the meeting themselves.

A special resolution is passed by at least 75 percent of all the members of a body corporate reckoned in number (by putting up of hands) and all members reckoned in value (by looking at an owners participation quota) of owners present at the meeting or represented by proxy or by a representative of such member at the meeting. It usually involves among other a decision needed for non-luxurious improvements, claims against the developer, changing or cancelling of exclusive use areas, changes to the conduct rules, termination of the managing agents contract, extending of a unit, contributions to the levy fund etc.

Edit: so you can call the meeting yourself and vote on a binding decision that must be adhered to
 

Polymathic

Honorary Master
Joined
Mar 22, 2010
Messages
23,510
They have secret meetings that no one knows about and if you aren't aware of the location you cannot become a trustee. My neighbour was a trustee for 8 years and they just had a secret meeting and voted him off because he was unable to attend once. Even the AGM they will send out a notice saying that the AGM is cancelled the day before and then they still have it somewhere else and just send us the minutes. I have tried almost everything to get on the board.
All I see is excuses
 

SmartKit

SmartKit Rep
Joined
Jun 29, 2008
Messages
8,219
They have secret meetings that no one knows about and if you aren't aware of the location you cannot become a trustee. My neighbour was a trustee for 8 years and they just had a secret meeting and voted him off because he was unable to attend once. Even the AGM they will send out a notice saying that the AGM is cancelled the day before and then they still have it somewhere else and just send us the minutes. I have tried almost everything to get on the board.
Wait, only the body corporate can vote a member off - not the trustees (unless its for gross negligence). Meeting locations have to be made known to all body corporate members.

Seriously, take your grievances to CSOS and they'll swiftly sort these guys out. If you have proof of all this then it's extremely illegal and the trustees can be held personally liable.
 

RonSwanson

Executive Member
Joined
May 21, 2018
Messages
8,496
They have secret meetings that no one knows about and if you aren't aware of the location you cannot become a trustee. My neighbour was a trustee for 8 years and they just had a secret meeting and voted him off because he was unable to attend once. Even the AGM they will send out a notice saying that the AGM is cancelled the day before and then they still have it somewhere else and just send us the minutes. I have tried almost everything to get on the board.
They cannot have secret meetings. As per the Act, all meetings SHALL be minuted, and BC members can request the minutes, which the trustees need to maintain "in perpetuity". You may also request an invitation (non-votng) to the trustee meetings, and they cannot reasonably deny it. If any of what you are stating is true, go to CSOS.
 

RedViking

Nord of the South
Joined
Feb 23, 2012
Messages
43,200
My body corporate has been unable and unwilling to provide our complex with fibre.

It has been two years since I actively started pursuing the notion for the complex to get fibre and they just keep making excuses. The admin of the body corporate has now blocked my emails and I can no longer make contact with her. This issue is affecting my job and I can no longer sit around and wait for them to wake up.

How can I bypass the body corporate and get fibre in my unit?
I sit with the same problem. Vodacom said I just need permission then they can install straight to my house. So that will be my next move. Fortunately they don't block my emails yet, although they are VERY slow to respond.
 
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RonSwanson

Executive Member
Joined
May 21, 2018
Messages
8,496
I sit with the same problem. Vodacom said I just need permission then they can install straight to my house. So that will be my next move. Fortunately they don't block my emails yet, although they are VERY slow to respond.
I am curious, even if you get permission, have you agreed to pay for the trenching on the common property? Or will Vodacom pay for it?
 

RedViking

Nord of the South
Joined
Feb 23, 2012
Messages
43,200
I am curious, even if you get permission, have you agreed to pay for the trenching on the common property? Or will Vodacom pay for it?
I haven't looked at the costs yet. So far I am just trying to make it possible. I am fortunate that my unit is next to the external wall though. So it will come straight form outside into my yard.
 

RonSwanson

Executive Member
Joined
May 21, 2018
Messages
8,496
I haven't looked at the costs yet. So far I am just trying to make it possible. I am fortunate that my unit is next to the external wall though. So it will come straight form outside into my yard.
OK, makes sense. A pity though, the value of all units in the estate will dwindle (along with your own, even if you do have fiber). They cannot unreasonably deny the request, so what exactly is their objection?
 
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