› Flat Chat Strata Forum › NCAT – the NSW Tribunal › Can an owner take the Strata Manager to NCAT for failure to perform duties? › Current Page
@sealion Writing as someone who complained to NSW FT about a strata manager, and was successful in having him resign as SM, please note the SSM Act is not the address for grievances. The correct address is the Property and Stock Agents Act 2002.
Give NSW FT a call on 13 32 20 asking how to file a complaint online about the SM’s conduct as you believe he is not complying with the conditions of his license as per the Property and Stock Agents Act 2002.
As an aside, your post was unclear. If you already filed a complaint under the above act, (which is hard for me to determine), call FT and ignore anything to do with stratas when you hear the options. Select “property or real estate professionals” or similar and talk through you situation with the officer that takes the call. Ask him/her what evidence from you is required etc. I found that unit of NSW FT to be on the whole pretty good, given the straight jacket in which they work. Note they cannot give legal advice but can hint at what they find to be “non compliant” and what you need to make that case.
Oh and so yourself a favour: do NOT give the SM a heads up of what you’re doing.
Separately and simultaneously, you can complain to NSW FT seeking to invalidate the resolution. To do this you need to apply online for mediation b/w you and the OC on the issue. You cannot waltz down to NCAT without first having attempted mediation. Note the OC may not turn up to mediation. No problem. You attempted it and that’s all you need in order to go to NCAT.
Make sure when you talk to NSW FT for guidance on mediation that you clarify that the resolution that you oppose was passed and is listed in what effectively are DRAFT minutes. They are the true minutes only after they are confirmed at the next general meeting (it need not be an AGM). I mention this in case such a distinction is critical for the purposes of invalidation.
Good luck.