Hey villageidiot,
Speaking as someone who took a do-nothing committee to NCAT seeking a compulsory manager, I offer the following observations:
1. Jimmy is right about NCAT focusing on OCs doing their job ie s. 106 SSMA;
2. Jimmy is right about interested owners applying to NCAT for a compulsory manager, when the OC is inattentive to its obligations, s. 237 SSMA:
3. In my experience, NCAT’s ordering via s. 237 is rare and not common. I failed to get a compulsory manager and I had a list of failures. Common is for NCAT to direct the OC to do certain works (from the list the applicant provides in his/her statement of claim). The problem here is that there may be quite a lengthy period of time from when your statement of claim hits NCAT’s inbox and NCAT hears your allegations;
4. To me, you have two options, given you’re on the strata committee and the “numbers” in the strata are stifling you doing your job:
(a) You (in your own right as an owner or a strata committee member) can apply to NCAT (or ask the strata manager to apply in the name of the strata committee) listing what needs to be done; the fact that all members of the strata committee agree they need to be done and that (if it is the case) that you value your strata manager’s contribution to managing these works. If NCAT agrees with your application then it will order the OC do certain tasks, from the list you provide of what needs to be done. The strata committee can then go ahead and do the works in the knowledge that the go-ahead for these matters is in the bag; or
(b) If you believe the above matter will require repeated appearances at NCAT over time AND you don’t have the time, stamina or interest for such AND if you believe that your strata manager is on board with your views such as what needs to be done and ideally by whom, ask him/her for a quote to compulsory manage your strata via a s. 237 order. Ask for a quote for managing the strata for 1 year. Negotiate if you can with him/her as often agents fleece OCs in such cases. Once you’re happy with the price offered, add the quote to your application to NCAT indicating the many merits of not only compulsory management, by compulsory management by the current strata manager.