#25403
Jimmy-T
Keymaster


    @davidp
    said:
    Is it a requirement that action in the NCAT against 65A breaches need to be approved at a general meeting or should a SM automatically seek that course of action? 

    I think you would be seeking orders under the catch-all Section 138: To resolve a dispute or complaint about an exercise of, or a failure to exercise, a function conferred or imposed by or under this Act or the by-laws in relation to a strata scheme.

    or

    To resolve dispute or complaint about the operation, administration or management of a strata scheme under this Act.

    Anyone can apply so you don’t need a general meeting, but a simple decision by the EC can move this forward unless there are large legal costs involved, in which case it needs to go to a General Meeting.

    Strata Managers don’t do anything “automatically” unless it is specified in their contracts (like issuing levy notices). They have to be instructed by the EC to take any action that doesn’t fall under their normal duties.

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