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Our strata scheme is in NSW. Over 25% of owners (holding over 25% of unit entitlements) have emailed the strata manager (SM) requesting an EGM for the purpose of authorising legal representation of the owners corporation (OC) at NCAT.
The strata committee (SC) secretary is against this as he is the person suing the OC at NCAT. The SM has so far refused to call the EGM and has made it very clear from her actions and what she said at NCAT that she is on the OC secretary’s side.
The OC is running out of time as the hearing may be listed any day. How can we force an EGM to be held urgently? Owners are very upset with the SM’s attitude towards them regarding this and other matters.
If owners approach a solicitor firm without authorisation being given in an EGM, will owners be able to have legal costs refunded to them from OC funds? How can the OC request an adjournment of the hearing if they have been denied legal representation by the SM and strata committee?
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If I were you, I would seek an interim order by going directly to NCAT using this form.
Your application should be to require the secretary to call a general meeting before the NCAT hearing to discuss the issue of legal representation at that hearing.
Oh, and at the general meeting, you might put the removal of the secretary on the agenda too.
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