› Flat Chat Strata Forum › Strata Committees › NCAT application – must owners be informed? › Current Page
Firstly, just becuase the FT website says the OC has to do something does not make it mandatory.
There is a difference between should and must. To support the must case one needs to find part of the act which says so. (I cant find any part of the act that says that NCAT notice must be sent to all owners. JT correct me if I’m wrong)
Secondly, how did it get to a situation where the owners don’t know that they’re going to NCAT.
Whilst the strata manager usually receives the notices, they are not obliged to do anything but pass it on to the committee. The committee then decides at a committee meeting what steps to take to address the notice. This is done at a properly convened committee meeting, with an agenda thats sent to all owners. The result of the meeting is also sent to all owners.
It seems from the original post that its likely that the committee are trying to wash over this thing at NCAT by keeping the owners in the dark. In my opinion thats bad practice and tells me that the committee has something to hide. Remember that the strata manager is instructed by the committee so its not likely they are doing this of their own bat (though if they are you have an incompetent strata manager)
Proceed to NCAT and see if you can get an order for your costs. When the other owners find that they are footing legal bills for dubious actions, they may tweek to the fact that the current committee is inept.