My recent experience with an OC and agent doing what he is told by the OC may help you.
Apart from seeking redress at NCAT for the failure of the OC, you can also complain to NSW Fair Trading about the conduct of the strata manager.
His/her license is governed by the Property, Stock and Business Agents Act 2022 and its related Regulations (2014 & 2022). He must abide by the rules that govern his conduct. Note, this has little to do with NCAT.
If you think he/she was or is dishonest or violated a term or terms of his/her strata management agreement – these are from memory some of the rules – you can make an online complaint at the Fair Trading website.
I made one, against a strata agent a few months ago.
The system is as follows:
NSWFT will examine a complaint and seek evidence from the complainant and the target of the complaint.
If they find the complaint has merit they will investigate and may find the agent did not act as required.
Assuming NSW FT takes action for what they call “non-compliance” with the legislation, they are forbidden tfrom revealing what action they took. I wonder, who wrote the legislation? Strata managers?
My complaint was upheld and after a little prodding I was told that non complaint conduct was identified by NSW FT and action (as per the menu of possible actions NSW FT can take) was taken.
I have no idea what NSW FT did but they must have rattled his cage sufficiently as he quit managing the strata soon after being contacted.
Then again, some may say the two events are not be related.
So how to complain:
Go to
https://www.fairtrading.nsw.gov.au/help-centre/online-tools/make-a-complaint
and on the page scroll down until you see a tab with
Go to real estate and strata complaint form
on it
click on that tab
complete the form. It is straight forward.
If I may suggest: lodge your complaint ASAP. If you have evidence handy, attach it where asked by the form. If you don’t have it handy, lodge the online complaint anyway. Send the evidence when you’ve assembled it. Sooner rather than later.
Good luck