[Hamish]

My experience of two compulsory strata managers is horrendous.  Rather than fix the problems they created more. NCAT is a useless arrogant body and requires a drastic overhaul.  My latest experience with NCAT was being told by the adjudicator when he entered the conference room that he was very busy and didn’t have any time to deal with the matter.  What did I want?  I said it is all in the files in front of him.  He said he didn’t have time to read the file.

I am considering approaching A Current Affair to investigate strata managers, NCAT and in fact the whole system of strata law and its process.  I would be doing several million strata owners and tenants in NSW a favour for creating a big shake up of strata management.  The whole system has bred a large group  of lawyers and others feeding off the misery of others.

[Hamish]

I have a similar situation in my two lot scheme where the other owner has installed a surveillance camera on common property (without consultation) which films the common driveway indicating every time I  enter or leave the property and it also films every visitor I have to my residence.   No one can give me a clear and decisive answer to the invasion on my privacy and that of my guests.

There is a small sign alongside the camera saying you are on view.  You would have to be at least 1 metre away to be able to read it.

[Hamish]

What would be the procedure for a lot owner to have another person act on their behalf in all matters concerning attendance at general meetings, AGM’s, etc and receipt of all notices?

[Hamish]

A friend of mine had to spend $20,000 with strata lawyers for an NCAT order to stop a neighbour washing their dog’s faeces and urine off their balcony onto my friend’s courtyard and washing below.

The managing agent was useless in the situation, maybe because he was included in the exclusive clique that ran the unit complex.

[Hamish]

Hi Lady Penelope

The compulsorily appointed managing agent is resigning before the end of their NCAT appointment.  I have spoken with Fair Trading and they said such a managing agent can resign without going to mediation or arbitration.

I am seeking confirmation of this as Fair Trading can give varying answers to the same question.

Strata is a minefield.  Your response would be appreciated.

[Hamish]

The new managing agent was all about how terrible the strata scheme had been handled before their appointment and now they are being non committal.

I had occasion to email them yesterday to remind them that levies had not been collected since November 2017.  An invoice was necessary detailing the new bank account.

I reminded them that there had not been an AGM since September 2016.  There had not been a review of by-laws.  There had not been a 10 year capital works plan done for the capital works fund established in 2016. 

A pest inspection is supposed to be done every three months on my villa because of the damp slab and high risk of subterranean termites. All of these items and more had been discussed in detail prior to their appointment.

I asked for a “road map” to show where we were going with the issues I had taken to NCAT.  To date there is no response despite their knowledge of all the problems.

Yesterday afternoon I received an invoice for levies due.  At least I had a partial response to my morning email on the matter.

I feel I am nagging all the time just to get the basic services done but if I don’t nothing gets done.

Part of my NCAT submission was to gain an order for  a strata loan to effect some of the repairs and maintenance.  The new managing agent says that the other lot owner won’t accept a strata loan because it will be too difficult to sell her villa.  I say her villa will be difficult to sell if the dilapidation continues at the current pace and at increasing cost of repairs.

How do you pin these managing agents down to acting in a concise professional way? 

[Hamish]

Hi JimmyT

I was very happy to hear the Saturday Forum was a success.  Strata living is a massive headache for many people.

You mentioned you would raise some questions about the matters I raised in this post.  Did you manage to ask the questions and if so did you get an answer?

I am now more than one month into the second compulsory manager and nothing has happened to deal with the issues I took to NCAT.  The recent rain in the area causes me to use a dehumidifier 24/7 and I collect 18-20 litres tank a day due to the dampness of my slab.

Strata levies have not been collected for the past 6 months because there has not been an invoice raised or notice of a bank account for the Strata scheme.

Fair Trading is useless and NCAT is inept.  Where do we go from here?

[Hamish]

Thank you for the response.  The first compulsory strata manager was ordered to resolve the dysfunctional issues of the strata scheme and failed due to their incompetence and unethical behavior.

I would have assumed (wrongly) that the second submission to NCAT for a compulsory strata manager to deal with four detailed separate issues which had not been addressed by the first compulsory manager would have meant more precise orders addressing my complaints. 

In the meantime heavy rain in my area over the past few days has caused storm water to ingress under my villa.  I have a dehumidifier going 24/7 and I empty 18-20 litres of water a day from my living room. God knows what the rest of the three bedroom villa would produce.  I have COPD which is a deteriorating lung disease and is not assisted by damp and mouldy conditions.

I not only question the competence of the previous strata manager but also the competence of the NCAT adjudicator.

JimmyT this is a case of “not happy Jan !!!!!!!!”.

[Hamish]

What do you think about a two lot strata scheme in NSW which was shut down twenty three years ago with this statement:”With only two residents in the “complex”myself and my former neighbour felt that rather than waste money on strata fees we would manage the properties ourselves, which we did successfully for 23 years until her death.”

Managing the properties ourselves meant that nothing was repaired or maintained in that period of time.

I am the new boy on the block who has had to replace three external load bearing stud frames due to termite damage or the roof would collapse.
Deal with storm water drainage problems which make the slab extremely damp causing black mould inside the villa. Rusting gutters, Termite infested timber retaining walls, etc.

I have not been compensated for the $7500.00 it cost to replace the load bearing stud walls because in the opinion of the other owner I was compensated with the lower price I negotiated for the villa.

How can this obvious abrogation of responsibility to strata law be allowed? What penalties, if any, are in place for such people to be made accountable?

The owners corporation is now facing repairs and maintenance costs approaching $100,000 and this person wh0o has disregarded the law gets off scot free and others have to pay for their negligence.

Your response would be appreciated.

[Hamish]

Perhaps this may be a situation where a strata loan could be applicable.  The repairs and maintenance can be addressed now at today’s prices and levies are used to repay the loan.  Food for thought.

[Hamish]

Thank you

[Hamish]

It is interesting you say you can hold back on evidence.  I spoke with a Fair Trading person who said all evidence should be included with the submission.  There should be very clear guidelines set down by NCAT regarding submissions for orders.  Not everyone can afford a lawyer.  NCAT encourages individuals to handle their own cases.

[Hamish]

I have a lulu who reappointed herself after being appointed for one year only.  In the throes of getting rid of and having another appointed to manage a two lot scheme which hadn’t had any kind of meeting for twenty years.  It has been manipulated by a person who has been grossly negligent in her duties and responsibilities to the Strata Act.  These people should be charged in court with gross negligence and corruption.

[Hamish]

Thank you for your advice.  I had legal advice yesterday to take this matter to adjudication under section 62 outlining my claims for monies expended on common property issues.  The back fence would also come under this category not the Fences Act.

I also have the appointed strata manager working in collusion with the other owner as was abundantly clear at mediation this week.  They kept looking at each other and rolling their eyes and flicking their necks as I put my case.  I am now referring the matter to strata lawyers to deal with the matter.

[Hamish]

Whale thank you for your response. I answer your four questions as follows;

1. I have paid the full amount of the cost of the back boundary fence and the repairs of the termite damage. Namely $6065.00.  I am asking the owner of the adjoining villa on my Strata Plan to pay half that amount  namely $3032.50. The adjoining neighbours of two different properties have paid their half of the fence.

2. My scheme has been run by the same person since 1989.  She dispensed with meetings, administration and sinking funds to become “self managed” to save money.  She said her then neighbour agreed to this arrangement.  It is a case of my way or the highway.  The only shared expense was insurance on the two separate villas.

3. A strata manager was appointed by an Adjudicator after I made an application to NCAT claiming the Owners Corporation was dysfunctional.  The managing agent was appointed on November 2 for 12 months. We have yet to have a meeting.

I am hoping to create a working Owners Corporation which addresses the strata laws of New South Wales.  This OC will be responsible for the maintenance of the common areas.  I also wish to get back the $3032.50 that is owed to me for replacing the back boundary fence and repairs of the common walls of my villa.

I would appreciate your comment and advice.

[Author]

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