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I am the Secretary & Treasurer of a 27 Lot Self-Managed Plan, and am astounded by the poor relationship that exists between Real Estate Agents (Property Managers) and anything to do with Strata Management.
My current issue is with one individual who, as both a Licensee and Property Manager simply refuses to provide our Owners Corporation (O/C) with a S119 Notification!
This particular Lot has had previous problems with water leaks (a dishwasher, a hotwater tank, and a shower tray) and in each instance those leaks have impacted upon other Lots, and on the last two occasions the O/C has had to depend upon the tenant for access because we couldn't ascertain who the property manager was.
In despiration, the O/C lodged a Complaint with the NSW Office of Fair Trading who, after 6 weeks, wrote to advise that this Licensed Person is in breach of both S119 of the NSW Strata Schemes Management Act and the NSW Property Stcock and Station Agents Act (knowledge of the Act).
And so?
Answer … nothing!
Fair Trading's Services Division has on more than one occasion asked this Licensee to provide the O/C with the S119 Notification, but cannot enforce or compel anyone in breach to do anything; so they haven't.
Fair Trading suggested the O/C lodge a further Form requesting that “Orders” to provide the S119 Notification be imposed upon this Licensee.
Problem is, on reading the Form it's clear that as the O/C has not engaged this Licensee to provide a service that has not been provided, or purchased a product that's faulty, we cannot request that Orders be made; simply we are not a “customer” or “consumer” of this Licensee.
So Fair Trading's Services Division passed the problem to their Enforcement and Compliance Division, and so the saga has progressed – still with no resolution and no S119 Notification from this Licensee.
Has anyone else experienced similar problems, or do most Strata Managers just ignore the S119 Notification and let Property Managers do as they choose (in most cases, that's not much)?