[newlsie]

Please don’t apply for Compulsory Strata Management.   Most of the good strata managers will not take on Compulsory Strata Management.  We have had a terrible experience.

[newlsie]

Chercheuse,

We have been under a CSM for 20 months.  In the first month the CSM raised our levies 14%.  Despite promising to keep our good suppliers they were fired and replaced with others and in the case of our cleaners sub standard.  We had a million dollars in the sinking fund going in and after massive bungling with a window project I fear we have lost at least half of that if not more – we don’t have the figures yet and I fear we won’t know until the CSM is over. Schedule B fees are 95% more than what the previous SM charged, in fact they are more than double his annual management fee.  This is a very draconian system and if anyone is interested PM me.  We have to lobby government for changes in the Act.

[newlsie]

My personal opinion is to get in a mediator.  Pay him / her to educate the owners and solve the problems.  We have a compulsory strata manager and the division between the owners is greater than it was before NCAT decided who would manage us.

[newlsie]

People, please, please, please avoid at all costs a compulsory strata manager.  In my opinion the number of good news stories is very low.  We are in the midst of a 2 year CSM.   Decisions have been made that are not in the best interests of all the owners, tens of thousands of dollars have been spent on legal fees.  Owners have applied for mediation which has been denied by the compulsory strata manager thereby forcing an application to NCAT which is very expensive so most people give up.  The ‘good’ strata managers will generally not accept a CSM because it signals trouble ahead. Please think twice before you go down this very draconian path.

[newlsie]

Thanks Jimmy, We live in a unit block of 36 units and are experiencing similar dumping of resident’s junk, particularly mattresses, right underneath the sign that says please don’t dump your junk. In the past, before our compulsory strata manager and building manager we managed this very well. We would send pictures of the dumped items to the real estate agent and ask that they withhold the bond until the tenant removes their junk. In most cases that worked. Now the BM just tosses the junk down the stairwell to the old furnace room making that room inaccessible and a potential fire hazard. There is no communication with the residents who continue to do this.

[newlsie]

‘Shackleton’ you are wrong on a number of points.  The topic is about a compulsory SM not ducks and ducts which you are also wrong about.  You are wrong about NCAT stating the owners are ‘neutral’.  On behalf of all the owners and without consultation with anyone the secretary told the Senior Member the owners were neutral – whatever that means.  I will drop her letter into your letterbox.  This is my beef – how can any member of the SC make such a sweeping claim without asking the owners?  This SC NEVER told the owners that an application had been lodged against them.  I know that they don’t have to but it is my opinion that they should have.  Strata Committees should  be more accountable and there should be consequences for bad / illegal decisions made by vexatious SC’s.  The very reason we lodged an application was because the SC of the last 18 months were terrible, in our opinion.  NCAT obviously agreed because they granted our application.

[newlsie]

Thanks Shackleton but as usual you are wrong.  NCAT didn’t care about the dead people – one being the wife of one of the applicants.  It is very evident in the recording of the proceedings that you were frustrating the Member.  You also need to check your facts.  There were only 3 applicants and I manage no-ones affairs.  NCAT selected the ‘OP’ second suggestion of a compulsory SM

[newlsie]

Thanks Jimmy, The interesting twist in our case is that the Secretary, Treasurer and Strata Manager went to the Directions Hearing on behalf of the SP however the secretary told the Member that they were happy with a compulsory SM – they just didn’t want the Strata Manager who was standing beside them. They stuck the knife in and twisted it! The owners were never told there was an application against their SP so they had no voice in the matter. The SC did not have a meeting to discuss what their approach would be and I know some members did not agree to this approach.

Then weeks after the due date for the submission from these people to NCAT they lodged more paperwork. A bunch of notes with the owners names and unit numbers redacted. I do not believe for one minute there was any truth in these redacted papers however here we are in the ‘house of rules’ – NCAT – the member listened! How can this happen! Rules are not rules?

My main gripe is that all the trouble we are having is because the SC don’t know the rules and are not accountable for their actions. They should know them and be accountable. Things must change. thanks

[newlsie]

Thank you very much for getting the name correct for me. I know about Mould Werx. They seem to be the only people in Sydney with this system. If I can find out if it complies to Australian Standards I will be happy. I will call the Health Department – thanks.

[newlsie]

Thank you, thank you, thank you.  I am back at NCAT at more expense to me and I think they should pay my legal expenses however it is the emotional affect that is lasting – I have anxiety every time it rains.  At the end of the day it is the owner of the unit above me that is the issue.  He just will not let them into his unit to fix the problem.  I am also going to investigate the civil court.  Thanks for your interest.  We simply cannot allow committee’s to be this complacent.  Ours just doesn’t care.

[newlsie]

Thanks Andy, 

There is no pipe involved.  There is no gutter – I am on the 5th floor.  The honeycombed concrete needs to be replaced in the unit above and then the area sealed off. This is what the tradies say must happen.

The owner of the unit above me is the problem and will not let the SC into his unit to do the repairs.  Except for the past year he was on the committee so it was easy for him to get them to do nothing. Now that he is not on the committee he is saying my leaks are ‘alleged’ which is not true and in fact they are worse than before.  I have hundreds of photos.

What can NCAT do – put out another piece of paper?  It has cost me thousands of dollars to get an order and it will cost me more to get another piece of paper.

I don’t think I am the only person who is in a situation like this and frustrated because section 106 work is not being done to their homes.  

Thanks for listening.  I would like to talk to you.  How can we facilitate this?

Newlsie

[newlsie]

Hi Andy,  The people doing the concrete cancer work poured concrete that was too dry and created a honeycombed affect that allowed the water to wiggle its way into my home.  The Structural Engineer who was supervising the job at the time told them to dig it out and re-pour. They accepted full responsibility and were going to fix it then the Chairperson ticked them off and they walked away.  That was 8 years ago.  Some band aids have been suggested and applied to no avail but no one is brave enough to ruffle the feathers of the owner upstairs and do the job properly.

I am putting this in front of NCAT however why make a ruling that you can’t enforce.  I just want the tradies to come in for a few days and fix it.

cheers,  Newlsie

[newlsie]

No, all NCAT can do is issue paper.  That’s it! 

The owner of the unit above me is a real smooth talker.  At one stage he suggested that a gutter be put in my home to catch the water and funnel it outside!  The slab is defective and honeycombed.  They know this.

I have no faith that a compulsory SM will have any more luck that the current clowns. 

Shouldn’t have to be this hard and shouldn’t take years and years.  I have absolutely no faith in the Strata system.

And BTW I know of others who are also in despair over leaks that are not being addressed 

[newlsie]

Thanks Jimmy,  

I’ll ask my lawyer. It just goes on and on and I pay a share of the wasted strata money however that will not stop my leaks.  I want my home to stop getting wet.  The water is not catchable as it comes in drip by drip over an area of approx. 2 meters.  They paid for the carpet they ruined so what costs can I claim – the costs to get the original order? 

How can they fix the anxiety I get when I see clouds, the sense of anger when I see the unit owner above me who won’t let them in, the disgust I feel for the SC.   

I just want a dry home to live in!  Most normal people would think that would be a reasonable request after 8 years. 

[newlsie]

Thanks Andy,

Yes, there are plenty of leaks in the building that are not being attended to.  My leaks were actually caused by the OC.   I think there is a flaw in the law.  NCAT can only spank and fine.  In a civil court if you do not comply you can be sent to jail.  There is no strata jail and all NCAT can do is issue paper.  I want my leaks fixed, now. Any ideas how I can achieve this after 8 years?  

[Author]

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