Hey again TimSP,
Re: Post 2 of 2
5A. Independent of the outcomes of the strata manager doing as the OC instructs him, when you have evidence that the strata manager is failing to abide by the conduct expected of him as listed in the Stock & Station Agents Act, THEN you should complain to NSW FT about the strata manager in his own right. This is quite separate from any complaint you may have against the OC. In your complaint, the more instances of what you consider impropriety you can show, the better. For instance, you could mention a lack of transparency (the manager did not reveal any conflict of interest); any flouting of the SSM Act (eg taking longer to issue minutes than is mandated under the SSM Act); on the same matter, the agent telling you one thing and telling another owner something different etc;
5B. Some strata managers don’t want to be bothered by owners other than SC members. Then again many strata managers love being bothered as they charge for every email or call received and made. In regards to you being told not to communicate directly with the strata manager, if I were you, I’d cover my back by emailing the SC on issues relevant to the scheme with a CC to the strata manager. Or vice versa. Wait to see if anyone tells you who you can contact or if your emails are ignored;
5C. Failing to list nominations – did you provide the names in time? Can you prove this? If yes, then this is a good example the strata manager has breached code of conduct demanded of him under the Stock & Stations Act;
Insufficient evidence could lead NSW FT to conclude that a “potential” breach occurred. So your job is to either pony up more evidence in that matter to convince NSW FT that a breach did occur. Alternatively, more instances of “potential” breaches should convince NSW FT that there’s a pattern of something not quite right going on.
Bear in mind, both NCAT and NSWFT get truckloads of complaints, many that don’t hold water. But in order to establish which complaints are prima facie justified, NSWFT and NCAT need time to assess them. So don’t be surprised about the time between your filing and when the matter is heard.
That said, before going to NCAT against the OC (under the SSM Act) applicants would have to apply for mediation with the other party under the wings of NSW FT. While attending mediation can be turned down by the respondent, in this case the OC (for the SC) it is in most cases a mandatory prerequisite before you can apply to NCAT. If you name the officers of the SC in your suit, then they also have the option to turn up or not to mediation. If a respondent or joint respondent(s) fail to attend mediation, the fact remains that you ATTEMPTED mediation and NSW FT will send you an email confirming this. That’s all you’ll need to apply to NCAT.