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Topic
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Well, i’m at the point where i have given my EC over 6 months to get some repairs done as per a CTTT order. They attempted to get the repairs done on the cheap but the scope of the job wasn’t in line with the order so i halted the work and said unless it was done properly it was going to happen (its mostly common property but the repairs also include damage to my lot property (bathroom) done in the original job done by the EC’s dodgy tradesperson). They have ignored me ever since.
According to Fair Trading i now only have two options:
1. Request a hearing where i request the EC be fined up to $5500 for non-compliance
2. Request the appointment of a compulsory agent.
I tried the compulsory appointment previously (where this CTTT order was granted) and failed so i am loath to try again. i am wondering if anyone has statistics (unlikely i guess) or who from experience can say which option has a greater chance of being successful. Fair Trading have offered no advice at all.
Both options have risks, i.e. with option 1 i run the risk of being ostracised in my complex by being responsible for each owner getting a fine, with option 2 i run the risk of choosing an agent that turns out to be less than perfect and i will be to blame.
What would you do? How would you feel towards another owner in your complex taking one of these options?
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Replies
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To answer your last question first, various people will have different responses – some will think the EC are idiots for letting it get to this stage, others will think you are a pain in the bum for making a fuss. That’s life in strata.
I would be tempted to to write to every owner explaining that you have been left with little choice. The EC is in breach of a CTTT order and you have these options, neither of which you want to pursue. Ask them to contact the EC and apply some pressure for them to resolve the issue promptly.
But before that, I would attempt to sit down with the strata manager and/or EC chair or secretary and tell them exactly what your options are. First you will contact the other owners, then you will decide which option to pursue.
OR they could just save everyone a lot of grief and get the job done.
If they don’t respond, at least you can say you tried. By the way, if you apply for the statutory appointment of a strata manager, you have to find someone who is prepared to do the job – so effectively you get to decide who it will be.
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