Here are some tips about dealing with Barry Josephs types on VCAT's Owners Corporation list.
Agreeing to solicitor representing the OC: The members have the power to allow solicitor to represent managers. However, they will ask if you mind if the OC being represented. If you say you don’t mind then you are agreeing to the solicitor representing against you, then because you agreed this makes it easier for the member to order you to pay costs. (Yes, solicitors are not supposed to represent in cases under $10, 000, and Members are not supposed to order such legal costs against owners – but remember the laws are only a guide* to VCAT members)
Financial s: If you have previously voted to accept the financial s then members will say you accepted them so you can’t complain. A simple fact is that it’s not illegal to change your mind. If circumstances change that put the financial's accuracy in doubt, say that to the Member.
Voting, abstain from voting: Because of the above it’s best if you always abstain from any OC voting. Including financials and any other issues.
Documents - how to get: Owners Corporation Managers are notorious for not providing OC document inspections as required by the OC Act, and Members are just as notorious for not ordering Managers to do so. This denies the owner viewing documents. Quote the Owners Corporation Act, “Section 144 etc”.
Documents: don’t let member charge you ridiculous fees to view/copy documents. By the Act you are allowed to inspect the documents at no charge. Take your own scanner or camera to copy documents.
Take a witness to inspect documents, otherwise manager may claim he refused to show you documents because you became aggressive, or that he showed you all documents when he in fact refused. If you have these types of issues sigh an affidavit stating exactly what happened.
Confirm with member what you should do if you don’t get documents. This way when you go back to VCAT complaining that manager refused to show you documents, they can’t complain because you are just following their previous direction.
Member questioning Owners Corporation or its solicitor: To make it appear that no bias exists, Member will only ask the OC representative questions they know they can answer. For example they may seemingly demand copies of the VCAT application form, knowing that if the OC does not have a copy they the member will just that he has a copy in his file (The member will look through his file and act surprised that they are in it).
Or they will ask if the solicitor has the right to represent the OC. If the solicitor is not sure then the member will then say why they are and move on.
Have the orders written properly. This is classic Barry Josephs. The member writes the orders in an obscured way then denies the orders at a latter hearing. For example he leaves off dates, detail, etc.
Audio: Don’t think if the member is blatantly ignoring law that you can get audio and appeal. Members audit hearing audio. This includes any silly claims, abusive comments, managersolicitors comments that indicate guilt.
Act only applies against owners, - don’t get upset. In a serious case, if an owner, try to put claims against a manager, the member will dismiss them or view them as trivial. They are hoping to upset owner – because this gives the member an excuse to whitewash against the owner.
Don’t claim fraud or make serious allegations without getting documents/proof first.: VCAT members despise anyone who claims any owner who effectively claims fraud against a manager. Never claim fraud unless you already have the documents, because no way will Members give you access to documents if they think you may use them to claim fraud.
Don’t be fooled into believing you’re guilty: Member may intimidate you, and make you feel guilty. Once you start to doubt yourself you’re as good as done. Don’t be intimidated by Members ignoring or denying your claims, or gesturing and yelling at you.
Take a witness. This makes it harder for member to unfairly rule against you. But a warning, the member will try and discredit you in the eyes of the witness, and once he’s done that he will whitewash against you. You need a witness who is legal savvy. Someone who knows how VCAT works.
OC opens with a mass of false irrelevant claims: OC solicitors may open with a list of insignificant and false claims, including details such as dates to upset the owner, The Member may paly the game and stare the owner down at the same time. This is an attempt to upset you. Take notes, and answer each claim in turn. This will make the solicitor look foolish, and show the members that you are not his fool.
Don’t stay silent when the member makes significant case deciding claims against you, because this means you are effectively agreeing. This means even if they are false or illegal, they now become legal because you agreed.
If member cant rule against you by the facts, he will read out false facts in his summary. He will then make rulings based on these false facts. Always correct false facts. Don't trust members.
