Current Page

[OverIt]

Hi all from Flat Chat, 

in a duplex situation where there is no equal split, however the greater does not have over 75% split, and there is an application for a compulsory strata manager lodged, can the majority owner called an EGM with a motion to resolve that the owners corporation appoint a lawyer to fight against the application, then pole vote it? So in effect the minority is also fighting against their application? 

Topic

[Whale]

I can understand why you use the pseudonym “overit”; I would be also in these circumstances.

I gather you’re the “minority” who made application for Orders to compulsorily appoint a Strata Manager for your two-unit plan, and that before making that application you were aware that any Strata Manager who may now be appointed is customarily empowered (by the Order) to carry out all the functions of the Owners Corporation and the Executive Committee – that is, without any involvement by the Owners; no meetings, no discussions, no nothing!

Any Extraordinary General Meeting (EGM) convened by the “majority” could only push-through the engagement of lawyers by the Owners Corporation IF a formal quotation / scope of services had been provided and tabled at the Meeting, and only then to a maximum fee of $2,000 in your case (2 Lots).

Although in any event, given the “powers” of a compulsorily appointed Strata Manager it would in my opinion be illegal for any General Meeting to be convened during the period between lodgement of the Application for Orders and the making of a determination by an Adjudicator.

If in doubt though, you could try contacting the NSW Civil and Administrative Tribunal and ask them, as you may get a better response than the CTTT would provide. 

Quote

[Jimmy-T]

Or you could seek an interim order to disallow any general meetings util the strata management issue has been resolved.

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.

Quote

[OverIt]

Thanks you whale spot on, only I haven’t lodged anything at this stage just anticipating what is going to happen, from what has occurred trying to attempt to mediate again. And at this stage who knows if mediation is going ahead or not, and who cares, I am tired of trying to resolve, I think a permanent (I know this can’t be done) compulsory strata manager is the only resolution, the next application won’t be the last And defiantly not the first…. 

Jimmy T, I have had many applications and been successful at them all, but 2 and both of them were interim orders (almost impossible to get from my experience), so any tips would be appreciated.

 

 

Quote

[Author]

Replies