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Topic
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We are a strata of 34 units and an application was made by an EC member to the CTTT to dispute their entitlement of a certain area of storage space , which is common property. There is no exclusive use by law in place nor is the space registered with the Lands Dept.
The Strata Schemes Adjudicator dismissed the application accordingly and added that the issue should be resolved by the OC.
The EC seems to have ignored the adjudicators suggestion as another member of the EC claimed this same space after remaining quiet for the 4 years this has been dragging on.
I might add that this seems to be opportunistic moves by both EC members as the space in question is larger than their own.
When trying to tell the EC that they had no authority to allocate common property and suggested they follow the adjudicators suggestion, the Chairman said the matter was closed and thats where the matter stands.
One would have thought that the EC would have received proper advice from the Managing Agent and maybe they have but the OC sure hasn’t been told!
WE realize this can go to the CTTT under Section 162 in order to appoint a compulsory Managing Agent.
But also it could go to the CTTT for mediation since it was not referred to the OC at an EGM.
Can an application for mediation be signed by 4 people for instance or does it have to be just one person?
Does the person who occupied the disputed space previously, that is before the allocation from the EC, have to be involved in the application or can the application be made by another Owner or Owners.?
If the matter was to go before the CTTT under section 162, there are many, many other issues that would be added to the application.
Any suggestions please and also are there any other options. Thanks
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Replies
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Felix – Firstly, you’re correct in observing that the Executive Committee (E/C) has no authority to allocate Common Property for the personal use of resident/s; that’s a matter for the Owners Corporation (O/C) to resolve by way of a Special Resolution at a General Meeting.
It’s a shame that the CTTT Adjudicator didn’t see fit to make a ruling, but he/she still should have made an Order dismissing the Application, that should have included the reasons for that decision, and both the O/C and the Applicant should have a copy of that; right?
With regard to a further Application, there’s no reason that I’m aware of for there being but one Applicant / Application, but why would you want to head down that route once again?
Depending upon all the circumstances, including the reasons for wanting to dismiss the Strata Manager (?) and the numbers of like-minded Proprietors (in addition to the 4 you mention) who are concerned about the illegal use of the storage space and other issues, it may be better for Proprietors to requisition a General Meeting of the O/C where all the issues may be placed on the Agenda.
You can do that by drafting Agenda Items to address and resolve each of the issues, by having those endorsed by a minimum 25% of Proprietors (by unit entitlement) under the Provisions of Sch 2 Cl 31(3) of the NSW Strata Schemes Management Act (1996), and by then presenting that “requisition” to the Secretary of the E/C who must then convene a Meeting “as soon as practicable”.
In that way, your O/C is complying with the Adjudicator’s ruling, and that by the way should be the preamble to your requisition.