› Forums › NCAT – the NSW Tribunal › When CTTT appoints strata manager without that being requested › Current Page
@SMO said:
@JimmyT said:
Hey, if you can’t be bothered to cut and paste them for everyone to read, I can’t be bothered to answer.Great answer Jimmy. That is the way to help strata owners.
Great response, SMO. You still haven’t pasted up the material so other people can see what you are talking about. This website is about sharing information – not just answering individuals’ specific questions.
[Edited after further information received]
And, hey, it turns out I was looking at the wrong section 162 – see Scotty’s answer above.
The section you are referring to says this:
(3) Order may be made without application in certain circumstances
An Adjudicator may make an order under this section, without an application having been made for the order, but only if satisfied that the management structure of a strata scheme the subject of an application under this Chapter is not functioning or is not functioning satisfactorily.
Meanwhile 183 B (1)says this:
183B Orders for appointment of strata managing agent
(1) Order appointing strata managing agent to exercise functions of owners corporation
The Tribunal may, on its own motion, make an order appointing a person as a strata managing agent:
(a) to exercise all the functions of an owners corporation, or
(b) to exercise specified functions of an owners corporation, or
(c) to exercise all the functions other than specified functions of an owners corporation.
And they both mean that either an adjudicator or the tribunal can decide, while examining the evidence relating to a completely different issue, that a strata scheme is so dysfunctional that it merits the appointment of a strata manager to take over the running of the scheme.
See the posts from ScotlandX and myself (above) for more details.
