› Flat Chat Strata Forum › NCAT – the NSW Tribunal › Can an owner take the Strata Manager to NCAT for failure to perform duties? › Current Page
Fascinating replies on the forum. I, too, am in the same boat having a SM change the outcome of an AGM Motion to Penalise on Late Levies from defeated to resolved. There are three equal lot owners and I, together with the strata manager, was the only one at the AGM meeting. An email to the sm (class 2) stating the mistake and requesting change was replied with “No, I don’t have to.” Do I have to wait a year to get the AGM minutes approved? I was hoping Fair Trading would tell sm that they found them to be “non compliant” with the relevant legislation (Strata Schemes Management Act 2015 Schedule 2 part 3 (17) since they wrote to me stating “The role of NSW Fair Trading is to provide information about strata legislation, regulate the conduct of strata managing agents, and offer a mediation service to assist in resolving disputes.” But as others said, they gave me some soft wording and nothing was done. I sent them all the evidence. A complaint for Breach of Conduct in the PSA Regulations requires you to state if you have complained to another venue. If you are a class 2, you can be penalised. I will try this next. Otherwise, I may have to go to theSTRATA SCHEMES MANAGEMENT ACT 2015 – SECT 24
“Order invalidating resolution of owners corporation”