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21/09/2022 at 1:52 pm
#65420
Welcome to my world. I am involved in a few stratas with one having the same two folk in place for 30 years.
A few things come to mind when I read your posting:
-
- Any motion you suggest, to have long lasting effect requires majority support at an AGM and that such a motion will not be reversed at a subsequent AGM. So, in my experience (in several stratas), limiting the tenure of individuals as you propose or by any other means to my knowledge is not possible;
- Changing the number of people on a committee say by adding people to a committee by asking the Tribunal, NCAT, to do so is not within the powers of NCAT. I know this because I tried this and failed; and
- What is possible is that you could apply to NCAT – claiming the scheme is dysfunctional – with evidence that the committee as it is has not served the owners well. Ensure you have PROOF of the wrong doings that have transpired eg committee members lining their own pockets or attending to (common property) repairs that benefit them or their mates or billing the Owners’ Corp for matters that belong to individual lot owners and how this has been to the disadvantage of non committee members; and
- NCAT, when confronted with (3) above, may agree with you that it is dysfunctional and that a compulsory strata manager should be appointed. That means that the committee is sacked and a new agent will run the place without consulting any committee member or for that matter any owner. Note for this to occur you MUST include in your application that you seek an ORDER for compulsory strata management. For more on that part of the Act, Google
STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 237
Best of luck.
