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Have a lot owner demolish common property, refuse the Owners Corporation direction to reinstate, follow legal advice not to communicate with the other owners and then seek the appointment of a compulsory manager because the strata is dysfunctional.
The Owners Corporation has maintained common property, has regular meetings, defers decisions unless all 3 owners are present, maintains insurance and keeps very comprehensive accounts. But it has been held dysfunctional because the one dissident owner has made it so.
NCAT doesn’t follow the law. Seiwa is wrong, Lesley_Swan is wrong, bylaws don’t count and NCAT sys this is how the law operates.
Hint: when you get to NCAT, lawyer up. Don’t believe the lies that this is a low cost, non-lawyer tribunal.
The adjudicator required the compulsorily appointed agent to get a report for the Owners Corporation but then let the dissident owner and his builder brief the engineer the manager engaged. Did I mention that the dissident owner has given a testimonial to the builder on its website and that the engineer does work for the dissident owner’s employer, as does the builder. Conflicts of interest: of no concern to NCAT.
The NCAT adjudicator simply disregards evidence submitted not by a lawyer, such as when we destroyed the common property, we were acting for the dissident owner.
We are outside the 21 day appeal time for the adjudicator’s orders. Ah, that piece of law is one that NCAT holds most dear. Even though we were wrong, you are stuck with it.
The compulsory manager now wants to charge a levy that includes a $39K contingency fee plus another $14.5K unexplained. She’s a compulsory appointment and cannot be questioned.
Any suggestions for remedies? I’m getting desperate. They want $124K to fix the damage caused by the dissident owner, all billed to the Owners Corporation.
NCAT proves just how much of an ass the law can be!