Reply To: Schemes must raise losing case expenses by special levy

This matter is continuing. Hence this post.

Notwithstanding posters pointing out to s. 104 (view with which I agree), the OC slugged me a share of the costs of the OC in defending and losing against me at NCAT last year. I have not paid this illegal debit.

That issue amongst other unresolved matters meant I had to restart action at NCAT against a strata scheme. The strata committee has – I just found out – has given all its functions to the strata agent. This was not disclosed to owners before a general meeting was held recently to uplift the fee for the strata manager. All owners received in the agenda was dozens of pages of the agent’ contract, which was, I now understand a revision of a contract signed only 2 months ago. Who is to say if the agent’s changed functions were listed therein? This is something one could decode by spending a  lot of time comparing the 2 month old contract with the new contract.

A transparent scheme would openly discuss with and disclose to all owners these changes well before the meeting. Surely its behaviour demonstrates bad faith by the strata committee.

I have a few questions:

(1) Must a OC or SC inform owners before a meeting of the reasoning and justification behind revising the contract? If so, what sections of the Act can I rely on? Or can they drown owners in papers without clearly explaining what’s going on? The main outcome of the revision was to pay the strata agent 60% more than was inked just 2 months earlier.
(2) Can the strata manager take instructions (to have a general meeting) from a committee member who has sold out of the scheme? If so, what sections of the Act can I rely on?
(3) Must a strata manager or SC inform the owners in a timely manner if any a member of the strata committee has sold his lot or resigned from the Strata Committee? If so, what sections of the Act can I rely on?
(4) If I wish to put my NCAT case to all owners ahead of the NCAT hearing, must the agent provide me with contact details of all owners or can she withhold these details from me?

Thanks.