@strata survivor and @reddant
In my experience earlier this year at NCAT about a dysfunctional OC where SC members were dipping into the trust fund for their benefit and not attending to common property repairs, I learned that NCAT is loathe to condemn a strata scheme to a compulsory strata manager (CSM) because that takes ALL decisions out of the hands of SC members, both the good and the shifty members.
That said, if you have enough evidence eg financial statements or emails that indicates very poor behaviour, then NCAT could be swayed to order a CSM.
Note: (a) you hint at including motions or minutes of meetings to bolster your allegations of bullying. I very much doubt any secretary or strata agent will include anything that shows him/her in a bad light. Furthermore, minutes are just to record what was decided, NOT what transpired ahead of a decision being made (ie the argy bargy etc) and (b) if you’re far dinkum on CSM, long before going to NCAT go and obtain a quote or two from real estate agents for this task. Usually these engagements are not cheap and often in the first instance they are limited to one year. Hopefully in a year the strata scheme is capable of operating with less dysfunction. Attaching a quote to your NCAT application will help you understand what’s involved and you’ll be able to compare it to the recommended agent NCAT may suggest to you.
@Jimmy
You’re correct. NCAT seems to care about dodgy behaviour, as in the examples you listed and not about what was said at meetings and at what volume unless serious ramifications ensure eg bleeding the trust fund rey. Even so, it is likely that NCAT will give the offenders another chance to behave as is expected of them under the Act before tossing the scheme towards CSM. If they/when the committee subsequently fails, THEN it is likley that NCAT will place the scheme in CSM. This of course requires a fresh NCAT application by those trying to hold the committee accountable, another fee and another hearing date.