Topic: When to Lodge?

This topic has 3 replies, 3 voices, and was last updated 10 years, 6 months ago by .

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05/02/2016 at 5:10 pm #10310 Reply | Quote
Teena
A compulsory strata manager has been appointed for 12 months because the Owners Corporation did not undertake the rectification works it was required to do under an order from NCAT. The order appointing a compulsory strata manager expires in 3 ½ months time and the rectification works may not be completed before the order expires. Fair Trading has advised that it is currently taking NCAT 3 months for the outcome of cases to be decided. If there is the need for an extension in time of the compulsory strata manager appointment, when should such an application be lodged? Who should lodge this application for an extension, the compulsory strata manager or a lot owner?
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11/02/2016 at 1:53 pm #24475 Reply
Whale
Flatchatter
Teena – as a Strata Manager appointed under S162 of the Act IS the Owners Corporation, I would suggest that an application to extend that appointment should be made by the appointee, and for extra “weight” endorsed by the Secretary of the Owners Corporation by way of an attachment with its Common Seal.

As for the timing, given the advice that you’ve received regarding the N.C.A.T’s backlog, the application should be lodged now.

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21/02/2016 at 3:32 pm #24517 Reply
Teena
Whale – the compulsory strata manager says it is up to the Owners Corporation or a lot owner to take it back to the Tribunal, they will not be taking it back. In a way I can understand this because it could be considered a conflict of interest if the compulsory strata manager takes it to the Tribunal for an extension of the order without the approval of the Owners Corporation. Also the compulsory strata manager states that although the rectification works will not be completed by the date of expiration of the order it will be well under way. So I think all I can do now is wait to see what work has been undertaken by the date the order has expired and if it does not look as if the rectification works will be completed within a short period after the order has expired then take the Owners Corporation back to the Tribunal because it has breached the order and also ask for another compulsory strata manager appointment. I understand that I have 2 years from the date an order was made to take a matter back to the Tribunal. Is that right? Teena

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21/02/2016 at 4:46 pm #24518 Reply
Jimmy-T
Keymaster
Agree, as usual, with Whale.

There is no Owners Corporation, per se, when a statutory appointment is in place, so the OC can’t apply for an extension.

I am also told it is routine for strata managers to make an application for an extension, and for that to be granted, because it is very rare for owners to have organised themselves and resolved the issues that caused the appointment in the first place, within the initial term of the appointment.

It sounds like your strata manager just doesn’t want the gig any more, possibly because it’s more hassle than it’s worth. It happens!

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Reply To: When to Lodge?

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