Reply To: Mediation – solicitor hired by OC

@kaindub wrote:

The act allows the functions of the chair, secretary and treasurer to be assigned to the strata manager. But the act is very specific of the functions of these positions and no way does it say any function has decision making power for the OC.

In theory what you wrote may be true but  in practice, it is hard to force the scheme/strata mgr to act in a certain way. This is because NCAT is not always a level playing field. Case in point: I had a hearing coming up later this month to address many issues: including s. 46 (payment to SC members), s.106 (common property repairs), s.237 (compulsory mgt) and other matters.

But I pulled out because the OC insisted on having legal representation. I objected as I would be foolhardy not to have similar representation, but the cost to me would be in the 5 figures and therefore I can’t afford it. NCAT has allowed legal representation for the parties.

I believe that if there is no committee, then the decisions of the OC must be made at a general meeting. ( the intent of the committee by the legislators is so thst a small group can make decisions for the whole group).

Again what you say may be right as per the Act but it’s not how some schemes work, and to shed light on their behaviour (ignoring the Act) just look at a scheme I am involved in where a few days before mediation I was asked (I who took the OC to mediation) if I agree to the OC being legally represented. I said “no”.

Had I said “yes”, the mediation session some 2-3 days later would have gone ahead but would do so in the absence of a GM of the owners to assent to legal representation. That is, the strata mgr seemed to have decided on legal representation w/out a meeting of the owners; w/out the agreement of owners and w/out a cost estimate from the lawyer, was the way to go.

It is getting very frustrating to have to challenge poor behaviour by an OC (by me applying for mediation then attending mediation session then applying to NCAT and then attending a hearing) and on top of that challenge the validity of a lawyer’s engagement to  represent the OC.

• This reply was modified 1 year, 2 months ago by .