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A question regarding the NSW SSMA Section 237 allowing NCAT to order appointment of a new strata manager, replacing an existing unsatisfactory manager, on application by an owner, in the circumstance of a strata committee divided and uncertain on what to do.
Does the applicant-owner need to have a specific replacement manager in place to take over if the NCAT should order a new appointment, or can the Tribunal simply order the Owners Corporation to seek tenders from strata agencies and appoint a new manager from the tenders, perhaps by general meeting?
Having to have a specific new manager in place beforehand would seem to place too much power in the hands of the applicant-owner as to who would take over — perhaps as a temporary dictator as well.
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I think it is common these days for the applicant to turn up with a strata manager who is willing to take on the role. However, I have heard of a miscreant committee turning up with their own strata manager who got the gig instead. You can guess what happened next (even though the NCAT Member couldn’t see any problem).
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