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Topic
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If a Strata Plan is insolvent and in breach of S.62(1) for six years, And the Strata Manager is refusing to talk to me or correspond with me, which one of these can I use?
S.162 Order appointing strata managing agent to exercise certain functions
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S.183B Orders for appointment of strata managing agent
It’s very confusing.
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Replies
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nyonyakay – I believe that an application under Sect 162 is the way to cautiously proceed, as Sect 183B refers to the Tribunal itself appointing a Strata Managing Agent (i.e. autonomously) in circumstances such as where it’s hearing a application or an appeal on a matter related to the effectiveness of a Scheme’s management and/or operations, and concludes during those deliberations that the Scheme is question is dysfunctional to the extent that such an appointment is required.
Cautiously because an statutorily appointed Strata Manager can effectively do as they see fit, with no regard to the wishes of the Owners Corporation!