Until the committee is made aware that their shirking of the law will not go unchallenged, they will continue in their opaque way of managing (or possibly mismanaging) the strata.
In order to get them to sit up and listen
File a complaint, which requires MEDIATION as the first step before seeking an application for a hearing at the Tribunal (NCAT) can be filed.
Go to
https://www.fairtrading.nsw.gov.au/
Housing and Property
Advice on Strata Disputes
Scroll to (3) Mediation Service
Apply online
Note you are applying against the Owners Corporation not any particular person or committee.
A mediation session is for a head to head with a rep from the strata committee or strata manager, whosever they choose to represent them. You must seek (also called “attempt”) MEDIATION before having the right to go to the Tribunal. Often the other side will not attend, as it’s not compulsory, but regardless of them turning up or not, the record (being letter from the Mediator at the end of the session sent to both parties) will reflect that MEDIATION was attempted and what transpired therein.
In your compliant, mention that the committee makes decisions in secret and has shown a disregard for
STRATA SCHEMES MANAGEMENT ACT 2015 – SCHEDULE 2
which details how meetings are to be run and what notice MUST be provided to all owners (see (a), (b) and (c) below).
And mention s. 24 of the STRATA SCHEMES MANAGEMENT ACT 2015 – s. 24, being
In your complaint mention (a) how often meetings are to the best of your knowledge held in secret; (b) what has been the result of those closed door meetings i.e how damaging financially it has been for you (and how the owners were denied a transparent decision making process; (c) how long after the opaque decision making took place, you were made aware of those decisions; and (d) that you believe the motions passed in secret must be invalidated as they were made without due process.
After you apply online, some 12 hrs later you’ll get a confirmation with a reference number. 10-14 days later you’ll get a date for mediation.
I urge you to apply pronto. That way you’ll catch staff before the department is closed and all going well, you’ll be advised of a mediation date before xmas, most likely for Feb.