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[justsaying]

Jimmy, can you please help with the name of the best legal person to represent me . I am facing a very aggressive law firm so I need help from a successful court appearance person.

i hope you don’t mind this email as I can’t find your contact on the website. Happy to provide my details privately as I know you ha13ve sponsors and they may not be suitable so understand that’s it’s delicate.

cheers

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[Whale]

just – Jimmy’s been a bit quiet lately, so in advance of any response that he may make, there’s been some recent discussions on the subject of good, strata-experienced Lawyers HERE.

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[justsaying]

Thanks for the help. Ruled out Teys and Grace lawyers… It’s me against the OC who continue to discrimate against some owners while affording special privilege to others( ECM).

my motions at an AGM was railroaded and I was not permitted to speak on my motion at all. Strata manager manouvered the meeting by speaking over us and insisting on a vote. She permitted the then treasurer and lawyer to speak though.! She also ran through the agenda particularly the motion to keep the company on for another year. Several owners protested but were over ruled..

it seems to me that unless you are prepared to accept unlawful decisions by an executive, or have pots of money to fight injustice, strata living is not for you.

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[Jimmy-T]

@justsaying said:

it seems to me that unless you are prepared to accept unlawful decisions by an executive, or have pots of money to fight injustice, strata living is not for you.

Not true! There are plenty of avenues through which to challenge “unlawful” decisions (if they truly are illegal).  They range from orders at the Tribunal to the statutory appointment of a strata manager to take over the running of a seriously dysfunctional owners corporation.

However, it may be that some legal firms are doing you a favour by not taking on cases they know you can’t win and will only cost you money.

I reckon 95 percent of strata schemes in NSW are non-compliant, if only in some small way, but they get by and nobody is seriously disadvantaged.  If they are, a determined  and well-planned campaign will bring the EC to book without a lawyer even needing to be consulted.

That said, many owners will put up with autocratic and even self-serving ECs if the value of their property isn’t being harmed, they aren’t being hassled and their levies are kept in check.

And remember the five words that ambulance-chasing lawyers love to hear: “It’s a matter of principle.” 

If you can’t persuade the majority of owners in your scheme that there is a problem – which is the easiest way to get it resolved –  then you have to ask yourself if the problem is as bad as you think.

If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.

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[justsaying]

I am aware of the avenues available IF you have the time and energy to deal with the difficult processes that make changes possible.  Agree with your words, some owners simply won’t become involved, because they are familiar with possible strata problems, just want to live with the conveniences, and they don’t want to learn about the law. UNTIL their lot is affected !!

Ncat is hopeless, mediation a waste of time. Owners threatened by lawyers to agree to their terms, no negoiation, mediator sits impassively. EC often have the advantage using lawyers to represent them at mediation,  while lot owners have limited resources to respond.  Strata law is often vague and has not  been challenged in court routinely, however some cases have shown that lot owners can get compensation for damages.

Obviously, the best schemes has a EC keen to work with owners, communicate effectively and work  together to ensure the property is well maintained. I agree, best keep solicitors out of the equation , it’s costly and mostly unrewarding. My experience is that some EC let the SM run the scheme without question and don’t understand the need to take ownership of their scheme. Personally I believe that ECM should have a limit of three years, give others a chance.

Some legal firms specialising in strata are very keen to take on cases knowing it will keep their income rising, however, they are best avoided as I’ve discovered. My advice is to speak to several solicitors and take a moderate approach.

thanks again for all advice and suggestions.

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[swoo]

Just went through the exact same circumstances with our Strata complex. I just received  Orders from NCAT “not to approve the appointment of a compulsory Strata Manager” but NCAT did NOT issue one order for multiple breaches of the Act which were clearly evidenced by attached documentation. Don’t even think they read the submission . It was unbelievable… so the EC of 5 now continue to breach the ACT. I can’t do a thing because they know now they can get away with blue murder. 

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[isydowner]

NCAT is pretty bad, but you should write to the principle registrar asking for detailed reasons as to why those other breaches were not actioned.

That way the Tribunal can be held to account, the Tribunal member justify their decision and if required… You can use it all in court for future proceedings or send it to Victor Dominello to show him how great a job his tribunal are doing.

Then again, they usually have an hour and a half to dispose of an application so we can’t blame them too much… but should blame them for any shitty decisions not in the interests of NSW public… Usually the owners not on the EC.

My honest opinion is that the Tribunal are a useless shower, and should be disbanded in favour of a Tribunal that applies the law. If the Tribunal member doesn’t apply the law, they should be discharged from working at the Tribunal for up to 10 years.

Im curious, has anyone on here ever gotten a decision that makes sense from the Tribunal? I’d be curious as I’ve effectively had my balcony stolen, and this theft approved of by the Tribunal!

Thom

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[Millie]

Hi Thom/Isydowner

The NCAT Tribunal doesn’t actually come under Victor Dominello – it comes under the Attorney General, Gabrielle Upton’s Office…or so I’ve been told. That said, neither the Attorney General nor her Office responds to correspondence or questioning on the NCAT.  It’s all a bit of a mystery to me.

To date I’ve had no joy from the CTTT/NCAT however I have another submission in with them at present.  Crazy, I know, but one has to try and the only option is to follow the process and structure currently in place.

What amuses me (not) is that when one corresponds with Fair Trading a case reference number is issued.  Fair Trading staff then discontinue to respond to correspondence.  I wonder if ‘case reference’ is a euphemism for ‘big black hole’?

Good luck anyway.  Don’t let the turkeys get you down.

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[Author]

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