The caretaking agreement requires, us to do duties, behave to a code of conduct and communicate with the body corporate, through the committee to an individual called the body corporate representative
In 2017 the caretaking agreement was from 2008,
In 2022 the agreement was changed, but with no change in the requirements.
Before Pango Holdings Pty Ltd took over as caretaker the function of a body corporate representative was not being fulfilled and many people on the committee were giving instruction to the caretaker, sometimes in conflict with each other and also in conflict with the legislation.
There also appeared to have been a lack of application by the previous caretaker to act to the code.
The elected members of the committee at the AGM on the 25th October 2017 were
Jennifer Stratford (chair) who out votes Dean Scharkie for the position 30 to 10 votes)
The caretaker sought to address this at the committee meeting on the 18th April 2018 and the following resolution was passed:
Lynne Smith was elected unopposed as Treasurer
Ora Whaanaga was elected unopposed as secretary
The ordinary members were elected as
David Jones (33 votes)
Ian Litton (33 votes)
John Spooner (33 votes)
Melinda Ross (31 votes)
The other members who sought election were
Dean Scharkie (13 votes)
Pete Dungdale (9 votes)
Caroline Carsten (7 votes)
At the first meeting of the committee on the 14th February 2018
David Jones resigned and the committee vote 3 to 3 to decide a person to appoint to the committee. The decision was then made by chance
At the time the body corporate manager should have advised the committee that motion was not resolved in accordance with the BCCM (accommodation module) Regulations 2008 as there had to be a majority decision and there was not allowance for a chance decision. Such allowance was for votes at a General Meeting of the Body Corporate.
At the same meeting, Jennifer Stratofrod, resigned as chair and, though not explicitly stated as a motion the committee “accepted that she stay as an ordinary member”
There were not VOCM passed, other than the assignment of the caretaking agreement to Pango Holdings Pty Ltd, distributed on the 15th February 2018 to
Jennifer Stratfford
Lynne Smith
Ora Whaanaga
Ian Litton
John Spooner
Melinda Ross
The assumption is that David Jones had resigned before the 15th February 2018 when the VOCM was sent to committee members.
And was voted on in the affirmative by
Lynne Smith
Ian Litton
John Spooner
Melinda Ross
Noting that Ora Whaanaga and Jennifer Stratfford, did not take the time to vote on the matter.
Then at the committee meeting on the 18th April 2018
The committee was:
Dean Scharkie as chair, but there is no record of his having been appointed as such. The result of this was that a person who achieved 25% of the vote for chair and 33% of the votes for committee was in the position)
Lynne Smith (who had taken on the role of Treasure and Secretary, though there is no record of Ora Ora Whaanaga’s resignation or her appointment as an ordinary member of the committee)
Lisa Ross (noting that Melinda Ross was elected to the committee in 2017. The assumption is that “Lisa” is the accepted name of “Melinda” of it was an error. It is surprising that this errors was not detected by the committee responsible for the keeping of full an accurate minutes or the body corporate manager as part of their duties who is required to be diligent and professional in doing those duties.)
Shaun Bartly (who had replaced John Spooner, who had resigned and the committee appointed Shaun, who did not stand for election at the 2017 AGM)
Ora Whaanaga
Margaret Leybourne
It is worth noting that there is an annotation in the minutes that says “NOTE: after the meeting BC received a resignation from Jennifer Stratford, therefore the members agreed by email that Tanya Lund will replace Jennifer Stratford for the Casual vacancy and that this appointment will be ratified at the next formal committee meeting” . No such ratification was made in the 20th June 2018 committee meeting. Equally, there is no record that as the decision made was contrary to the BCCM (accommodation module) Regulation and the body corporate manager did not inform the committee of the process nor that the actions of the committee contravened that Act.
It is noted also that Tanya Lund who did not stand for election at the 2017 AGM.
At the committee on the 18th April, the committee passed a motion with regard communication with the caretaker:
The caretaker noted to the committee problems that had been discovered, that it was required to do both under the agreement and the code of conduct.
- On going by-law issues
- Fencing issues
- use of car park in variation to the by-laws
- chemical storage issues
- issues with water from drainage and guttering
- “register required to properly manager the complex were either not maintained, incomplete or out of date”
It was note that the committee asked the caretaker to do task that were not in the caretaking agreement and were the “the building manager will update all registered and present update copies to the strata manager to update the body corporate records”, when these tasks were a contracted duty of the body corporate manager to meet the requirement on the committee from the Act.
The caretaker informed that would do the task that were not in the caretakers agreement to assist and looked forward to changes needed to the agreement to be supported for this extra unpaid work.
The caretaker constructed a website www.somersetgardens.com,au and offered the use of that website to assist the body corporate with notices and display of by-laws.
The body corporate manager advised that the actions the caretaker was suggesting was possible
but gave advice that they did not want the services offered by the body corporate manager to be supplemented. They then gave advice that was not accurate:
At the meeting on the 20th June 2018 the caretaker addressed directions from the committee from the body corporate representative and practice that had been in place by the previous caretaker
Action from the body corporate representative were done though making little sense to the caretaker.
The committee was critical of the caretaker supply detailed reports
And as noted above took the position that “rules outside the complex did not apply in the scheme”.
The caretaker supplied, a required vegetation management report and made recommendations
The committee’s action was indecision:
Noting that is was not till 15th November 2018 that the committee resolved to accept and act on the report
At the meeting on the 20th June 2018 the caretaker addressed and directions registers.
At the meeting on the 20th June 2018 the committee passed resolutions on the advice of the body corporation manager, indicating that the committee would act in ways that were not consistent the Act:
By way of VOCM, that was not distributed to all lot owners as required under the Regulations the committee too punitive actions against the caretaker required it
- to do task on in the caretakers agreement
- To task in time frames that are not consistent with the GCCC regulations and not in the caretakers agreement
- Reduced the spending limit of the committee to by 75%
- To mow the grass at a level that the committee decided
- Attend to specific gardening in proximity to committee members lots
This VOCM was voted on by only by Dean Scharkie, Lynne Smith, Melinda Ross
The caretaker subsequent raised a dispute with the committee and made application to the commissioner. This was only resolved by the committee
On the 27th September 2018, knowing well that he had entered into a contract to sell his property, the chair Dean Scharkie, produced, apparently without the authority of the committee, and the body corporate manager circulated a “chairman’s’ message” with the agenda to the proposed general meeting to be held on the 24thOctober 2018.
That “chairman’s’ message” contained derogatory and possibly defamatory assertion agisnt the caretaker.
The chair Dean Scharkie, resigned with the sale of his property, some tie before the 17th October 2018 and Ora Whaanaga was by VOCM appointed as chair on the on the 17th October 2018.
At the AGM on the 24th October 2018,
Ora Whaanaga was elected unopposed as chair
Lynne Smith was elected unopposed as Treasurer
Sara Buthcer as elected as secretary (12 votes to 7 votes over Melinda Ross)
The ordinary members were elected as
Tanya Lund
Barbara Spooner
Melinda Ross
And from the floor Jennifer Stratford was elected over Shane Brett, though there was no provision in the Act for voting from the floor if nominations were received before the meeting.
At the committee meeting of the 15th of November 2018, the committee resolved.
The committee at this meeting was
Ora Whaanaga (chair)
Lynne Smith (Treasurer)
Sara Buthcer (secretary)
Barbara Spooner
Melinda Ross
Jennifer Stratford
Tanya Lund did not attend but gave proxy to Lisa Ross
The caretaker provided the required newsletter but at the committee meeting of the 11th March 2019 it was resolved
Other motions resolved at the 15th November 2018 in response to unreasonable action taken against the caretaker were
In January 2019
Lynne Smith resigned as Treasurer
Sara Butcher resigned as secretary
Barbara Spooner resigned as an ordinary member
Melinda Ross resigned as an ordinary member
These resignation meant that only Ora Whaanaga, Tanya Lund and Jennifer Stratford remained on the committee and those 3 people were not a forum.
Between the 15th November 2019 and when a notice of an extraordinary General meeting was given on 25thJanuary 2019, there were no VOCM to appoint any committee members. The committee members remaining, were not able to form a forum to authorised a person to call a general meeting, as required under the regulations
Repeating the fact that there are no VOCM between the committee meeting of the 15th November 2019 and the VOCM of the 19th February 2019 that appointed Sara Brown as a committee member.
However, on the 19th February 2019 a VOCM was sent to committee member, expect the caretaker and not to lot owners, it was voted on by Ora Whaanaga, Sara Brown, Tanya Lund and Jennifer Stratford however, it is uncertain how this VOCM was actioned under section 54 of the regulations as the secretary had resigned and there were only three members of the committee, and there is no evidence of an authorisation of from other committee members
This would suggest that the authorised the spending of $2000 of legal fees was no reasonably actioned.
At the same meeting the 3 remaining committee members and the person who was not appointed under regulation, gave instructions that specifically went against the motions, the 3 same committee members resolved on the 15th November 2019 to (a) wipe the slates clean and (b) to things not in there caretaking agreement
At the general meeting on for the 25th February 2019.
Ora Whaanaga, chaired the meeting
Shane Brett was appointed to secretary
Madge Brown was elected 11 votes compared to Lynne Smith 5 votes for treasurer
A motion was passed to fill the ordinary member position
The votes were
Lynne Smith 3 votes
Leigh Moana 0 votes
Barbara Spooner 1 vote
Jenny James 12 votes
Sara Butcher withdraw her nomination at the meeting
Sarah Brown was appointed an ordinary member.
These actions raise the questions:
- why would Lynne Smith resigned as Treasurer then reapply for the same position one month later,
- Why would Sara Butcher resigned as secretary and Barbara Spooner resigned as an ordinary member, then reapply for the committee position one month later,
The postulations were that, despite voting for motions on the 15th November 2018, the individual that reigned want to disrupt the working relationships the committee wanted to make with the caretaker.
At the AGM there was a motion put by the committee (that were Ora Whaanaga, Tanya Lund and Jennifer Stratford) that were included on the agenda sent to the body corporate on the on 25th January 2019 that were not passed as resolution of the committee in any previous meeting or VOCM. The motions was sensibly resolved to be out order:
The fact that this motion was put up only 4 months after a motion at an AGM and confirmation by vote at committee on the 15th November 2018 in ways that were not displayed to the body corporate by appropriate methods by individuals on the committee is perplexing in that the 3 committee members how out the motions to stop the action, voted for the actions previously.
Before the committee meeting of the 11th March 2019 Ora Whaanaga, resigned as chair.
At the meeting on the 11th March 2019, Sara Brown, to whom there is no evidence that she was ever appointed to the committee was appointed as chairperson.
At the meeting on the 11th March 2019 the committee resolved
The caretaker faced no conflict with the committee.
At the AGM on the 10th October 2019 Lynne Smith was elected unopposed to treasure.
At the committee meeting on the 6th May 2020 Ora Whaanaga, was appoited to the committee to replace Jackiie Kerr leaving the committee with selling per property
At that meeting it was resolved
At the meeting of 19th August 2020 the micro management had returned
Caretaker could have act, but wanted to work harmoniously with the committee, but made recommendation to the committee:
3rd December 2020
This was an ill-informed motion (not based on the Act or regulations and taken as a retaliatory action to the caretaker to avoid criticism for the return of actions outside of the agreed undertaking to act under the Regulations.
At that meeting the committee the were the following people who had previous demonstrate behaviour to specifically disrupt and dictate the behavious ot the committee
And Margaret Day had a close personal relationship with Lynne Smith and Ora Whaanga.
The motions at the 3rd December meeting that were made without the caretaker being present were:
Directions of the committee that are not in the caretaking agreement
Actions that were the source of the caretakers issue of the behaviour of the committee that are not in accordance with the regulations.
Motions aimed to hurt the operation of the caretaker
Motions aimed to hurt the reputation, that were never actions but are represented in the minutes
The caretaker was exclude from the meeting of the 10th February 2021
Making false statements against the caretaker, and unreasonable action to issue a notice 2 days after a meeting when it would not be practical to for the committee to meet the caretaker, when they were not at the meeting. No such notice was actioned, but the reputation of the caretaker was damaged
The reversal of actions reasonably in place by the caretaker reversed at the meeting of the 12th May 2021
Pressure placed on the caretaker, it is worth noting that the caretaker was forced into a position to pay for a report that eventually showed that there was no basis for the caretaker to be issued with an notices and that the caretaker’s contrac represented fair renumeration for the duties.
25th August 2021, the caretaker was again exclude from this meeting
Notation was made but the report noted has never been put on the hub by the committee.
8th December 2021
Micromanagement continued
The caretaker was asked to leave the meeting are giving a report. Changes were made to the engagements with the caretaker without the caretaker being present
After the caretaker left and the discussion and motions moved again to action the were not done in accordance with the regulations
At the 8th December 2021 the following behaviour occurred from
The treasurer Lynne Smith and the secretary Ora Whaanaga,