Sectional Title - Key / Remote Replacement - Trustee dragging feet

jezzad

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The background:

My mother lives in a flat. Sectional title that she owns.

I have a power of attorney to conduct business on her behalf and deal directly with managing agent.

We have a set of keys for the block (2 tags and 2 remotes) I keep a set and she has the other for safety and redundancy.

One of the removed and tags has packed up. Contact the managing agent who asks a trustee who lives in the block to resolve. Now previous dealing with this said person has shown on numerous occasions that she is full to it and like to flex her “authority” I have since refused to have any dealings with trustees and deal directly with managing agent. By the by this trustee is paid an honorarium to manage issues at the block +-3k per month.

Anyway true to form the trustee 10 days after my initial request for a replacement remote and tag has said the following
  1. I am not the owner and need to submit a power of attorney, I have previously supplied this to them
  2. Is completely dragging her feet and causing a inconvenience to both myself and my mother
  3. Has stated I need to pay cash for the replacement tags and remotes after which a receipt will be issued.
  4. Will kind of get to it when she gets to it and has not provided a deadline or time of when I need to be at the block to provide old tags and remotes to either be removed or reprogrammed.
My questions:

  1. What recourse do I have to force the trustee to sort this out, Im happy to obtain legal advice to show we are serious and to avoid them buggering us around in future.
  2. In terms of accouting practices surely it is better to have costs for remote linked to my monthly levy statement and not pay in cash.
  3. If my mothers only working tag / remote packs up and she cannot gain access to her abode due to the above what legal recourse is there?
Such an absolute ball ache, this is my mother who is late 70s has just had a stroke and cancer and doesn’t need this bull in her life. The flat is hers and her house and somewhere she should feel relaxed and comfortable in without worrying about said trustee playing police all the time.
 
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Litigation is the worst thing you can possibly do. Just swallow your pride and lick the persons @s$ who has to sort this out. That is unfortunately the price you pay for a sectional title.
 
Honestly, you are going to make things worse by going down this road..

Provide the power of attorney, pay the money in cash(just make sure you get a receipt) and provide two or three dates and times when you are available to collect and let her choose one of those dates as a deadline..

Yes, maybe she is power hungry and all that, but what might the potential backlash be towards your mother if you decide to continue on the road if fighting this woman every step of the way..?
 
I used to help run a block of flat a while ago:

1. The cost of replacement keys/remotes is the owners burden. It is not covered in levies and should be paid upfront before undertaken. Whether into the account or cash is sort of immaterial but the cash is likely so they can take it and get it done. You are asking her to do so, not sure about the honorarium as none I knew of were ever paid. However, its likely just to ease them from doing exactly this type of thing.
2. Once she has the funds, she has to setup a time to perform all of this. She is not a business but you can then ask for a scheduled time and place. The only ones you actually have a recourse against is the managing agents who are frankly passing the buck on to someone else.
 
Honestly, you are going to make things worse by going down this road..

Provide the power of attorney, pay the money in cash(just make sure you get a receipt) and provide two or three dates and times when you are available to collect and let her choose one of those dates as a deadline..

Yes, maybe she is power hungry and all that, but what might the potential backlash be towards your mother if you decide to continue on the road if fighting this woman every step of the way..?
I hear you and agree with you, it has been a continuous battle with her and she is just plain difficult. I am sick of being bullied by her.
 
I hear you and agree with you, it has been a continuous battle with her and she is just plain difficult. I am sick of being bullied by her.
Pick your battles carefully.. there is a time to fight and this doesn't seem, to me anyway, like the time to fight..
 
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