[Willie]

Jimmy, thanks for your advice on this. Some feedback that may help other owners in a similar situation.

My initial request to the SM was met with the response that it would be a breach of privacy to disclose the details to me. I asked what this ruling was based on, the SM stuttered and spluttered before saying she didn’t have it in front of her right now. I then requested she email me with a formal notification that they would not provide me with the information and details of what legislation or other rules this was based on.

Approximately 10 minutes later I received an email advising that the information would be available to me.

[Willie]

Thanks Scotlandx, that sounds like a common sense approach that will not unduely delay the process but will provide a bit of a safety net.

[Willie]

Is someone able to assist in directing me to the appropriate section of the NSW act where it requires the Executive Committee to enforce by-laws?

[Willie]

I am in NSW and in a similar situation to ccgirl but would prefer to avoid having to go to go down the formal NCAT process.

I think if I was able to show my Executive Committee where the Act specifies they have to enforce the by-laws they will more than likely comply. I have looked at the Act but cannot find where it specifically states that the Executive Committee/Owners Corporation must enforce by-laws.

Are you able to point me in the right direction?

[Willie]

Can the EC take the insurance administration away from the SM and appoint a broker or does it need to go to a General Meeting of OC. 

[Willie]

Can someone provide me with an idea of the process and costs involved if a matter proceeds to the CTTT after a tenant/owner failing to comply with a Notice to Comply?

[Willie]

How do you go about finding what By-Laws are in place your particular Strata Plan?

Is the Strata Manager required to maintain a readily accessible list?

[Willie]

This is not the first time that I have seen a member suggest that Strata Managers receive commission from banks for investing trust funds with this particular bank.

Can anyone provide some definitive advice as to whether (a) it is permissible under the NSW Strata Schemes Management Act (b) if so, is it common practice?

[Willie]

We are still finding it difficult to obtain a coherent answer from our SM. I decided to have a look at our agreement with the SM and was very surprised to find that whilst clause 7 “Point of Contact” details that the nominated representatives of the EC may provide instructions to the SM, subclause 7.5 goes on to state “This clause 7 is for convenience only and does not place any obligation on the agent to accept the instructions of the representative and substitute representative”.

Subclause 7.6 goes on to state “The owners corporation acknowledges that all agreed services subject to any limitation, have been delegated to the agent under section 28 of the Act, and the agent has authority to carry out the agreed services regardless of the instructions of the representative and substitute representative.”

Additionally on referring to Schedule A1 the SM has “FULL AUTHORITY WITH NO LIMITATIONS” on “Undertaking the financial management of funds and books of account” and “Managing the sinking fund and the administrative fund”

To my reading this means that the SM can choose to totally ignore the EC and do what they like; only a General Meeting of the OC can effectively instruct the SM.

Can someone provide guidance on this?

[Willie]

The SCA online education course for EC members is an excellent resource. As it is one size fits all it can be a bit basic in some areas but this is a small price to pay.

Highly recommend.

[Author]

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