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[Jimmy-T]

Changing strata law is a start but our new Strata Commissioner needs to use the financial heft of the State to run test cases and establish precedent.

[See the full post at: RANT: New laws mean little without test cases]

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.

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[Ziggy]

Just out of curiosity, Jimmy, what part does our new strata commissioner play in the day to day running of a strata scheme? For instance, here are the new rules for strata committees:

• requiring committee members “to exercise [their] functions with honesty and fairness, with due care and diligence and for the benefit, as far as practicable, of the owners corporation”;
• requiring committee members “to comply with the [Act] and the regulations under the [Act]”;
• requiring committee members “to not behave in a way that unreasonably affects a person’s lawful use or enjoyment of a lot in the strata scheme or the common property”;
• requiring committee members to undertake training – committee members “who [fail] to complete the required training will cease to be a member of the committee”; and
• to lower the threshold to remove an office bearer at a general meeting to a simple majority (currently a special resolution).

Is it still up to owners to go through the drawn out process of mediation then NCAT to prove their SC is breaking some/all of the above?

[Jimmy-T]

Ziggy wrote:

Is it still up to owners to go through the drawn out process of mediation then NCAT to prove their SC is breaking some/all of the above?

Yes.  There may be a “Strata Taskforce” but there are still no StrataKops.  That said, the Tribunal has the power, when faced with a seriously dysfunctional strata scheme, to impose a statutory strata manager without receiving a request to do so.

That said, if a committee bullies owners, doesn’t let them speak at meetings, belittles them and is secretive BUT the bills get paid, the lights stay on, the repairs are made and the lifts keep running, then the Tribunal is unlikely to do anything.

 

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.

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