- The following, like all advice given on this site… is not legal advice but are opinions of those persons who have experienced situations like you are describing. On that basis, I can share with you my difficulties in a similar situation and fill you in on what I did to address the matter;
- Any owner can in his/her name seek mediation with the OC via NSW Fair Trading. If you want to identify a SC member or members as the problem, list on your mediation application form your lot number (Gazelle as the contact) V The Owners SP XXXX and Your lot number (Gazelle as the contact) V Mr Secretary and Mr Chairman in their respective personal capacities (s. 260);
- Mediation is a prerequisite for going to NCAT;
- The OC, the individuals or the agent in their stead may attend mediation or not. They may agree at mediation to do something or not. They may agree and then not follow through with his/her/their/it’s “settlement agreement” reached at mediation;
- In order to save you time and arming you with all the paperwork needed for a possible NCAT hearing, ensure your mediation application covers as much ground as you can manage. For instance, look at the SSMA and list every section you feel was violated: not giving notice of SC meetings; holding a SC meeting when a General Meeting should have been held; bad faith exhibited by a lack of quotes, decisions made in secret and not giving owners time to discuss the matter etc;
- Lodge your mediation application ASAP because it takes time to get a meeting date. Emphasise on the first page if the matter is URGENT;
- Now as a separate matter, complain about the strata agent to NSW Fair Trading. He/she is licensed under the Property & Stock Agents Act. A key requirement of agents is honesty, in your case from what you write the agent seems to be lacking it. Go to the following
https://www.fairtrading.nsw.gov.au/help-centre/online-tools/make-a-complaint
scroll to
real estate, property management and strata
click on it
then go to
real estate and strata complaint form
This is an online form where complaints against strata agents can be lodged and the yardstick is the Act under which the agent is governed (Property and Stock Agents) and not the Strata Schemes Management Act. One tip: identify WHAT poor behaviour he/she has exhibited, eg dishonesty, and offer truckloads of evidence. That will convince NSW FT to call him or email and query his behaviour. If you can show a pattern over time of shady behaviour eg never returning calls or emails etc, throw that into the mix. You must also mention that he knew the matter of common property repairs/replacement is NOT a matter that can be decided by the SC but it’s an OC matter that must go to a general meeting of the owners. He failed to follow procedure by not listing the works on a general meeting agenda and holding such a meeting. He has failed to perform his duty as expected.
Good luck.