There are four things I would do if I were in this situation (although these solutions may not work for you).
- Identify a strata manager you can trust to do the right thing. We have been associated with our sponsors Strata Choice for years and have no hesitation in recommending them. Mention Flat Chat if and when you contact them
- Apply directly to NCAT for the appointment of that strata manager as an statutory appointment for one year, including a provision that they pursue the missing funds.
- At the same time, take action at Fair Trading against the current strata manager for disciplinary action and the return of the misspent funds. You can do that by going to this Fair Trading page and scrolling down to the Real Estate, Property management and Strata section.
- If the current Strata Manager is a member of Strata Community Association, raise a complaint with them HERE. But remember that the SCA is primarily a strata managers’ professional group, so don’t expect them to send in the cavalry.
None of the above actions require a lawyer (initially, at least). I don’t usually recommend a statutory appointment of a strata manager as that can be tricky for all concerned, but you need a clear-out of the moribund committee members ASAP.
As for inducting the new owner on to the committee, you need to hold a committee meeting to be able to do that, and it has to be to fill a vacancy.
As for the money owed through double spends and unidentified spending, assuming you are on the committee, itemise it and then get your treasurer to send a bill to the strata manager requesting a refund within 30 days, after which the scheme will seek legal remedies.