[Investor13]

Thanks for your comments but I don’t think I can solve the problem with the majority of owners drinking and the chairperson supportive as they socialise with owners after the meeting. The Hotel is convenient for owners. Obviously the Strata Management Company does not have a policy on the issue.

Maybe it is financial documents that can’t be signed when a party is under the influence of alcohol e.g. wills, property sales.

[Investor13]

newb:  This was my first complaint to NSW Fair Trading and then NCAT. The process took 12 months with 2 Orders given. Last year NSW Fair Trading issued a STRIKE against one owner concerning Short Term Rental. The problems continue – SC making decisions without Meetings and advising owners, repair work not being done (including the NCAT Orders which had a specific time frame that has now expired), use of OC Funds for items/work that are not OC responsibility and just for favoured owners, etc. The list of on-going issues is extensive.

The FLATCHAT responses have been very helpful.

It’s interesting that NSW Fair Trading and NCAT come under different Ministers. The Minister for NSW Fair Trading is responsible for the SSMA 2015. I am an owner in a Strata Scheme that is non-compliant in many areas and will not change how it operates. The lengthy process that I have followed through the system has not brought about compliance.

 

 

[Investor13]

What grounds did the Tribunal give for dismissing these claims?

Jimmy-T. Appreciate your interest. Happy to reply to you personally but have concerns about providing specifics on this Forum.

Final Submissions – December 2021. (NCAT Hearing – January 2022.) NCAT Decision – May 2022. It is my understanding that Submissions and the NCAT Decision are a matter of Public Record. Without the requested Orders, problematic issues are ongoing.

[Investor13]

MLC did respond but they don’t have the capacity to deal with new matters.

Can you tell us roughly what part of the Act that NCAT isn’t enforcing?

The sections of the SSMA 2015 that were not enforced are as follows (with breaches continuing):

Lack of Transparency. SC Meetings are not accepted practice for decision making, and thus not recorded in OC Minutes File. Sections 43, 9, 13, 2

Repair/Maintenance/Safety issues do not receive attention. Section 9, Section 106, Section 115.

SC over-ruling OC. Section 36(2)

SC will not issue Breach of By-Law Notices. Section 146 (1)

SC not attending to OC Business. Section 37

Lack of security of items on common property. Section 9 3c, Section 106.

Unauthorised work. Section 108 2b, Section 36 3a.

[Investor13]

Thanks kaindub but it was my understanding that Strata Schemes in NSW had to comply with the SSMA 2015, not the majority. The SC has to act in the best interests of all owners and thus the OC must comply with the Act.

At least NSW Fair Trading issued a STRIKE against one owner in relation to Short Term Rental when the SC would not act. I just need NCAT to fully support the Act.

 

[Investor13]

Thanks Jimmy

Your response was helpful.

I’ve already gone to MLC but they have yet to respond.

I’ve also gone to my local State Member – James Griffin

Any ideas on lawyers who would like to take on NCAT on a contingency basis?

All owners in Strata Schemes in NSW should be concerned as the NCAT Decision of 10 May 2022 is a matter of public record and sets a precedent.

I provided 150+ pages of evidence – emails and photos. The list of non-compliance issues is extensive. (For the moment, let’s add a few more – changes to common property without approval; use of OC funds for remotes (for some but not all owners); and tree removal within certain Lots. All obviously without any SC/OC approval. Plus no Fire Safety Inspection since 2020, confirmed by the local council.)

Q4 Does my win in obtaining 2 Orders (minor common property repair matters) exclude me from any costs up to date.

 

[Investor13]

Thank you Lady Penelope. Your response was very helpful.

[Investor13]

@JimmyT said:
I don’t know why you would shy away from this appearing in print as it’s far from unique and if your secretary does read it, she might give herself the required shake-up. (However, I will respect your wishes)

First of all, your strata manager is not entirely correct in saying he can only take instructions from the EC.  In fact SMs superior instructing body is the Owners Corp meeting in general meeting.  

The SM is right about day-to-day stuff but if you feel strongly enough about this, you can hold a general meeting to issue new instructions to the EC and the strata manager and, if you have enough support, to remove the secretary completely.

A simpler way would be to put a option on the agenda of the next EC meeting to declare the position of secretary vacant and ask the EC to choose a new one.  You can then present your case at the EC meeting (if the secretary even chooses to fight it).

You can call for a general meeting (if you can raise 25 percent of the votes in the building) and then try to get a special resolution passed  (by 75 percent of those voting at the meeting) to have the secretary removed from the EC altogether.

Or you can wait until the new strata laws are enacted in July this year (allegedly) and have a general meeting and vote in a new secretary.

Or, and this may be the most effective solution, you can get  a number of owners to sign a letter saying you are unhappy with the job the secretary is doing and ask her to either lift her game or resign.

I would add that if she fails to do either, there are a number of avenues available to owners to remedy the situation, down which you would rather not go as they are potentially damaging to the scheme – but not as damaging as doing nothing.

Also, and this is important:  you want as many names on that letter as you can get or it will be dismissed as the rantings of one disgruntled owner, rather than a genuine effort to have the building run properly.

One final note, if the secretary doesn’t have the time to do the job properly – and we are all busy people – she should step aside and let someone do it who does have the time. 

Thanks Jimmy T

What are the other avenues available? Can I go to the CTTT.

(This is an investment unit so I only know a couple of owners. It is a large complex but there are only 3 members of the EC and they act as one. The Secretary is also the Chairman.) 
 
  

 

[Author]

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