#72364
Jimmy-T
Keymaster

    This is really interesting and gives hope to OCs that are struggling with Strata Managers who are simply not doing their jobs.

    Unfortunately, the OP (Stu) inadvertently breached our “non disclosure” rules by naming the sacked strata managers, their lawyers and, in also posting the findings as a PDF, all the residents who combined to take action.  I have edited these and removed them.

    One of the fascinating things about this is it seems (and I can only say “seems”) that the owners who joined in on the Tribunal action won’t have to pay a share of any of the costs incurred in defending the action – about $75,000.  Worth thinking about when your neighbours come knocking, asking for your support in an action against anyone at the tribunal.

    Having deleted the whole findings, here are grounds on which the owners requested the compulsory management:

    (a) Failure to prepare a Capital Works estimate;
    (b) Making a payment from the Capital Works fund in breach of s.74(4);4
    (c) Spending excess amounts on items already in estimates;
    (d) Spending Special Levy funds on items not relevant to the Special Levy;
    (e) Refusing to deal with a lot owner’s managing agent;
    (f) Failing to maintain common property;
    (g) Failure to hold a meeting for Special Resolutions and failure to provide records of the Owners Corporation when requested.

    If you really want to read the whole findings, send Stu a PM (direct message) and I’m sure he’ll be happy to forward the pdf.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.