#24515
Pamster
Flatchatter

    • Bravo Isydowner for your comments, it’s a shame though that you may not now see this response.
      I write emails to my EC to address issues in my strata where I am the only resident owner. I have been unlawfully excluded from being on the EC which was stated in a recent NCAT decision in my favour. I am still excluded from being on the EC by the use of harvested proxies by the Secretary who appears to be disgruntled because of my NCAT successes. I have enquired as to what her grievances are with me but she does not respond. I have no choice but to write emails to the EC about every matter at the strata whether major or minor because no other owner lives there to see the issues that arise on a 24 hour basis. If I were on the EC I would attend to these issues myself with the other owners being none the wiser that I had done so, but seeing as I am not (allowed) on the EC I have no authority and possibly no insurance coverage to deal with them.
      Jimmy T suggests going to NCAT for an order under section 138…….. Good luck with that! As he (and I) have written in another post, it is an absolute circus there, and the only reason I have succeeded on a few occasions is because of my persistence and a solicitor who is absolutely determined to see that justice is done.
      To have any sort of satisfactory result in a Tribunal where the odds are stacked in favour of the OC you have to jump through many hoops;
      1. Application for mediation to DoFT, (which is always refused by the OC in my case),
      2. Application for adjudicators orders (usually dismissed accompanied by non-sensical reasons for dismissal).
      3. Application for tribunal orders. If the matter is successful at the Tribunal next step is;
      4. Request for costs (which in most cases is refused);
      5. Application for an appeal against the costs decision.
      My solicitor and I are at no. 5 for one matter, and at various other stages in the other 2 matters I have pending.
    • No, I am not a serial pest / email writer, and neither am I vexatious (this is borne out by my successes) and to read in submissions to NCAT from the Secretary of my EC that I am both of these things is offensive in the extreme, and to read on this forum that other people could have the same view is equally offensive.
      Over time all of those people who oppose me either sell up and leave, or like a previous strata manager (and EC member) resign. Yet notwithstanding my legal successes they have left a legacy of resentment towards me from new owners who have only heard, I suspect, a biased history from the outgoing EC members who never respond to my emails and even shamefully scurry out of local cafés if they see me enter. Legal success is satisfying but the propaganda war has an impact, but eventually I am expecting that it will turn around.
      My legal advice now is that the EC members have not only breached their duty of care but also their fiduciary duty which is a higher duty, and they may be personally liable for what they have done. This will be a matter that I will pursue in the higher courts against them in due course (I have six years under the statute of limitations). Running such claims in a “real court” will have its risks and stresses but at least I will not have to contend with the clowns at NCAT.