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Our problem is a small block of units in NSW whereby the EC was stacked by chairman and owners who then held “unofficial” EC meetings, paid each other through untendered-for works and hiring of friends. Over half a million dollars has disappeared from our funds. Strata manager appears helpless to control. The EC, which formed the majority of owners, deligated all correspendence through the chairman, all decisions etc. EC members have had work done on their units ahead of all others.
This appears to be serious criminal fraud and needs swift freezing of accounts and investigation by some authority. NCAT isnt what we need.
Any help on this and how we can claw back our stolen funds?
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Stevenson – What are your reasons for not wanting to resolve this issue through NCAT?
Apply to the NCAT for a compulsory strata manager. At least if an independent compulsory strata manager is appointed, this will take away all decision making powers of the strata committee.
If there is fraud involved, you could try report it to the Police, however I am not sure whether they will be interested. If not, the owners will need to seek independent legal advice to recover what you believe are ‘stolen funds’.
I agree with Stevecro. There are processes available to you and if you can prove that committee members have benefitted at the expense of other owners than you should pursue them.
If you can find a strata manager prepared to be nominated as a statutory appointment, that would be the first test of whether you have a case or not.
If you can’t get a strata manager on board then you could seek orders at NCAT compelling the owners who have defrauded the owners corp to repay the money. But that will require proof, as will any other option you may be considering.
Feeling excluded from the process and then seeing others on the inside apparently benefitting is not evidence of fraud.
You would be better to ask for what you want on the same terms as the others and then challenge that specifically when it is refused.
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