@struggler said:
I do believe that Mr & Mrs Average can run a strata complex. They just have to be pointed in the right direction.
Decisions have to be looked at not in a case by case situation, but in regards to the whole complex. You have to consider that my agreeing to one request, you are agreeing to everyone.
Really an EC needs the guidance of a decent SM and access to a strata lawyer for the more legal aspects. They also just need to use some common sense.
So they need, pointing in the right direction, to have a strata manager, common sense and to have access to a lawyer … exactly my point. The people in question, Mr. and Mrs. Average, do not, on their own, honestly have the ability to run an SP yet the Act has always envisaged that the owners (the owners being the Average’s) run, on their own, their respective SPs.
I’m not speaking universally, i.e.. i am not saying it is not possible, i am saying that in general it seems they cannot; but i would say my comment applies universally to large SPs, i.e. the Averages cannot run a large SP properly.
My point was that the fundamental premise that the Averages (i.e. ordinary lot owners) can run an SP, on their own, is no longer valid; would you agree the fundamental premise is flawed given you submit they need to have a good SM, common sense and access to a lawyer?
“The legislation has always envisaged that generally, strata schemes would be managed by ordinary lot owners for their own benefit….”
J Bordon: Nulama Village P/L v Owners Strata Plan 61788 (Strata & Community Schemes) [2006] NSWCTTT 550 (25 September 2006)
Mr Bordon is not saying … The legislation, which originated in 1961, has always envisaged that generally, strata schemes would be managed by ordinary lot owners, who have common sense, with the assistance of a good strata manager and access to a lawyer, for their own benefit….
Big difference and the point is should the legislation reflect the difference between 1961 and 2012. I think it should.