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I’ve got an issue with my strata committee – well firstly, they have not met and refuse to set a date for over 18 months now. Secondly, over the course of a couple of years, they have raised a series of “special levies” at a great cost, to replace windows on the south side and East side of the building – they were timber and replaced with aluminum. All 12 units paid for this in good faith – three of us have had no works, despite paying thousands for others. Now, the committee wants “a break” from paying special levies (namely, those with their lovely new double glazed windows). Instead they are sinking money into painting and cosmetics – I assume so the members who got their windows can sell up and get out.
What can I do to get my windows? Can I get the money back? and do it myself? Are there any laws that ensure that the three remaining units get their windows, when we’ve paid for everyone else’s? I’ve contacted the strata manager a million times and they just fob me off (pre Covid, can’t even be bothered now its Covid). Any thoughts?
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If you haven’t already done so, I would send a formal letter asking them to send you details of when the work was likely to commence. If they say it isn’t, or just don’t reply within two months, then you could pursue them under Section 232 (2) of the Act for failure to fulfill a function as the committee of the OC.
Or you could just send a letter saying that, given their failure to complete the job for the whole building, you have several options, any or all of which you might pursue.
1. Seek orders at NCAT under section 232 (2)
2. Seek the compulsory appointment of a strata manager to take over the running of the block
3. Seek resitution at a civil court for “fraud against a minority” which is where a majority of owners (or shareholders etc) makes a decision that benefits only them to the detriment of the minority of owners.
4. Seek removal of committee members (at NCAT) for failure to fulfill their statutory duty to run the building for the benefit of all owners.
And if any or all of the above tactics appeal, you might want to consult an experienced strata lawyer who will write a letter for you that might get them moving.
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Is there a time limit placed on these types of actions as far as NCAT is concerned?