Some further ideas….. thinking on ways to avoid the NCAT journey…
Is it the strata manager assigned to your scheme who is the problem or is the strata management company failing to perform?
Have you tried speaking to senior management at the SM company to get your manager changed ?
Have you discussed a parting of ways through mutual termination of the agreement without penalty ? Sometimes it might be worth paying something short of the two years’ fees just to get rid of them?
The very threat of going to NCAT gives you some leverage.
But note… If you go to NCAT seeking a compulsory manager under s 237, any lot owner can make the application.
If you don’t want a compulsory manager and just want to terminate the SM agreement under s 72, then it gets more complicated….
- You need to go to Mediation first
- The application has to be made by the Owners Corporation, not you as lot owner ; so you would need a resolution of owners ( will they support?) to do this, which no doubt the SM would try to obstruct
abn 11 600 590 083
http://www.strataanswers.com.au