› Flat Chat Strata Forum › The Professionals › Can you get a compulsory strata manager with limited powers? › Current Page
Hi Smokeye,
Yes the tribunal can issue orders under s237 to give a compulsory manager specific duties, but it’s not common.
Keep in mind s237 orders need to show significant disfunction within the entire Owners Corporation (or a default judgement debt if you are getting a slam dunk) which normally means a dysfunctional committee and a strata manager that isn’t doing things by the book.
We obtained such orders where PSMG were removed and a new manager compulsorily appointed with just the powers of a regular strata manager; I call this “compulsory management light”.
This has worked very well for us but please keep in mind we had applied for full compulsory management and were able after our hearing (and before our final submissions in reply) to force an AGM to elect a new committee. At the AGM we also had a motion approved where owners essentially said “we wish that NCAT in appointing a compulsory manager gives them just the duties of a standard strata manager to allow the new committee to run the scheme as normal”.
The tribunal member took the election of a new committee and the resolution from owners and granted us compulsory management light (in light of the overwhelming evidence of dysfunction and breaches of the SSMA by the Strata Manager.
Had the new committee not been elected then we would have continued down the path of full compulsory management as having the old committee with a new strata manager would have not fixed the issues we faced.
Cheers,
Stuart