A reminder:

You failed to investigate and provide evidence 
about alleged installation by an ex-EC member
who might have carried out electrical work
in one unit without the license.

You also failed to update the minutes of the
EC meeting on 20 February 2013 for six
items I reported at the time.

I suggest you take this request very seriously.

If the electrical work was carried out, you have
an OBLIGATION to provide full report and request
the Certificate of Compliance Electrical Work
from the ex-EC member. In the worst case, if
the ex-EC member does not comply, you have to
report him to the Department of Fair Trading.

If the electrical work did not happen (once your
investigation is complete), confirm it in
writing.

On Sun, 2013-03-10 at 15:07 +1100, SP52948 owner wrote:

Since this request might affect the insurance policy for the complex, I
recommend that the EC and the Strata Manager take it very seriously.

In the minutes of the EC meeting held on 20 February 2013, the following
misleading, misconstrued, and incomplete information was given to
owners:

BEGIN QUOTE
 Motion 7
 Part 2 - Former Resident:

 Mr Marshall advised the meeting that he objects to a former resident
 of the scheme is operating an IT/internet business and soliciting
 business from residents of the scheme.

 The meeting noted that these business relationships between
 individual parties are not an Owners Corporation responsibility and
 the Owners Corporation does not have the authority to intervene.
END QUOTE

Here are the facts that the EC and you, as Strata Manager with
license to operate under supervision, failed to report to owners
fairly and with duty of care:

1. That former resident was a member of the Executive Committee
for number of years in the complex. Let's give him false 
initials L.B. for now.

2. That former resident L.B. is a close friend of three members of
the following EC members:

Moses Levitt
Stan Pogorelski
Maureen McDonald

3. That former resident L.B. still frequently visits Moses Levitt
in the complex.

4. Moses Levitt introduced L.B. to some owners in the past.
One of them even got very angry with Moses when L.B.
delivered poor computer services two years ago.
Moses told me that himself. That is irrefutable.

5. On 6 September 2012, L.B. carried out some repairs in a unit
of a lady who lives on her own.

Apart from basic computer work, it seems that L.B. installed
some power points (wall sockets) and maybe electrical cabling.

Here are the issues of concern (I happen to know more than
what you sent to owners):

a) The invoice of L.B. does not have any details of the electrical
license or a certificate.

b) Electrical wiring work is defined in the Home Building Act 1989, for 
licensing purposes, as having the same meaning as it has in the 
Electricity (Consumer Safety) Act 2004.

Refer to Australian/New Zealand Wiring Rules entitled AS/NZS 3000:2007,
Electrical Installations (known as the Australian/New Zealand Wiring
Rules).

c) When John Marshall approached L.B. on behalf of
that lady who paid hefty price for the work, L.B. refused
to provide details that he holds a current license or certificate
as an electrician.

d) It is an offense to undertake electrical wiring work without a
license or certificate. A person can be fined $22,000 as an
individual or $110,000 as a company for doing unlicensed electrical
work.

e) For any electrical work done, the electrician should provide 
a uniquely numbered Certificate of Compliance Electrical Work
to show the work has been tested and checked to ensure it complies
with the regulations. 

f) The unlicensed tradesman may be very capable to perform the job and 
may have references from past jobs that are very positive but this 
person hasn't shown any effort to put forward the effort, study and
cost required to be licensed. This is the first evidence their work 
ethic isn't up to scratch. Also they are far too risky. 

Whilst a license does not guarantee quality or timely manner, it
does give the homeowner help and assurance if something goes
wrong.

g) If a homeowner (like this old lady) hires an unlicensed tradesman, 
they become an employer and the tradesman becomes the employee.
 
Basically the homeowner is the contractor and with that comes all
the ramifications. This implicates insurance issues such as liability 
and workers compensation.

The home owner will not be fined for hiring an unlicensed tradesman, 
as they are not breaking any law; unlike the tradie who is. 

The home owner becomes responsible not only for the work the unlicensed
person does but for any damage it may cause to their property or to 
the property of others! 

Most dangerously, the owner become responsible for any injuries too.

So, Motion 7 in the minutes of this EC meeting MUST be reviewed
by the EC and the Strata Manager immediately and following actions
to be implemented:

1. Ascertain if L.B. really completed some electrical works in the
unit of the old lady. That should happen by phoning her and visiting
her unit in person.

2. If it is confirmed that the electrical work was done,
then L.B. must be approached to produce his certificate or
license.

By the same token, the EC and the Strata Manager must advise the old
lady to request the Certificate of Compliance Electrical Work from
L.B. immediately.

3. The EC and the Strata Manager must also advise the old lady about
her liability in regards to any damages to her and other properties
if they are caused by this electrical work in the future.

4. The EC and the Strata Manager must also advise our current
insurer for the complex about the unlicensed electrical installation,
as it is in our contract to notify the insurer of ANY events that
might affect the insurance policy. This part affects every owner
in the complex and might affect our premiums too.

Details of the response from the insurer must be provided to
all owners.

5. If no positive outcome  from Steps 1. to 4. above occur,
it is a duty of the EC and the Strata Manager to report the
unlicensed tradesman to the Department of Fair Trading.

At the same time, it would be wise to send a circular note to all
owners listing the dangers of hiring the unlicensed tradesman.

6. The minutes of the EC meeting must be amended at the next
EC meeting to document this event.

I request the response to this letter and the full outcome of the
investigation within two weeks from now.