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Topic
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I have posted a couple of times and am seeking further advice. I am an owner in a block of four units. I am on the strata committee and have been for the last two years. Prior to this , two long time owners ran the strata informally – they never set up a sinking fund and had little idea of what they were doing. One long time owner continues to be chairman and the other is secretary. It is self managed.
in 2016 I took the owners Corp to NCAT after they blocked a renovation. I had the renovation approved. Since this point, the other three owners have made life difficult to the point I had to move and rent my apartment out.
Various issues have arisen include seeking legal advice without consulting me on two occasions, refusing to provide proper financial statements prior to AGM and only providing handwritten statements, not following AGM procedures etc. the three owners who would not consent to the Reno have requested (twelve months after the Reno was completed) waterproofing certificates and have now refused to let me put a washing machine in my bathroom space.
I have no issue with providing thw certificate and did so. In contrast, the chairman and another owner have moved plumbing in common property, installed an air con also on common property, renovated a bathroom adjoining my unit and have never sought approval. The chairman refused to ask the other owner to provide a waterproofing certificate and is unable to provide evidence of approval for any of the additions to common property. It is one set of rules for me, presumably because I dared take them to NCAT, and another for the other owners.
they have persistently bullied me and cut me out of decision making from the time I gained approval to renovate. They also refused to pass a by law after I raised concerns about cigarette smoke penetrating my unit from my neighbour smoking on common property. I feel that they will never be able to move past me taking the reno to NCAT and will continue to flout the rules
Given I am in the minority, what are my chances of having a strata managing agent appointed in the circumstances? I am considering making an application to NCAT
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Your chances of having a strata agent appointed are good.
its up,to the tribunal to look at the evidence and make a call.
Document all the non compliances referencing the part of the act that has been broken.
Despite three other owners opposing you, they would have little sway if your documentation is good.
Line up a strata agent who is willing to take on the job. You have some free rein here to choose an SM who will work with you rather than the other three owners.
But you are not going to make any new friends by this course of action, and the medicine may be worse than the affliction
I feel you pain. Have you thought through Strategy in terms of what orders you will seek and reasons (with backing evidence) for your requests?
Beware, NCAT is currently over subscribed and you will be forced to mediate via Fair Trading which will take a month likely with little result.
Feel free to PM and we can compare tales from the trenches.