#65442
Jimmy-T
Keymaster

    The hierarchy of power in a strata scheme is that the owners corporation (in general meeting) tells the strata committee what to do and the strata committee tells the strata manager.

    Of course, the SC can choose not to implement instructions from the owners corp – there are no StrataKops who will come and take them to Common Property Prison –  but you can take them to NCAT under Section 232 (2) of the strata Act:

    Failure to exercise a function

    For the purposes of this section, an owners corporation, strata committee or building management committee is taken not to have exercised a function if–

    (a) it decides not to exercise the function, or

    (b) application is made to it to exercise the function and it fails for 2 months after the making of the application to exercise the function in accordance with the application or to inform the applicant that it has decided not to exercise the function in accordance with the application.

    So write to the committee and tell them that they need to follow the instruction of the Owners Corp and if they haven’t done so within two months, you will seek appropriate remedies under section 232(2) of the Act.

    And you might point out that if they fight it and lose, they and other owners (but not you) will have to pay the expenses incurred in doing so.  You might get other owners to join you in this action so they don’t have to pay either.

    They can then explain to the other owners why they have cost them this money as well as ignoring their instructions.  That should get things moving.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.