#27808
Jimmy-T
Keymaster

    I would say this building is quite clearly being run for the benefit of the commercial enterprise, to the detriment of the residential owners.

    The first thing I would do is find a reputable strata manager and ask them if they would be prepared to be nominated as statutory appointment. Then, with them, compile a list of all that’s wrong with the building and your documented efforts to improve conditons that have been thwarted.

    In the meantime, it might be worth creating a ‘trigger event’, such as presenting a list of demands that you know will be rejected, such as:

    • demand that they install separate meters for the individual units (or, at least, meters for power and water separate from the commercial lots)
    • removing the illegally constructed shed
    • installing proper bins with full recycling facilities
    • doing something about illegal short-stay letting
    • installing proper intercom entry phones
    • redistribution of costs so that residents and residential owners aren’t subsidising commercial interests
    • Anything else you can think of that would be a reasonable request.  

    Make sure that you can prove the date on which the committee received the demands and make sure there is a notice that if these matters are not progressed immediately, you plan to take further action via Fair Trading and NCAT.

    After two months have passed (or sooner if they refuse) you can start proceedings via mediation at Fair Trading leading to seeking orders at NCAT.

    Or, and this would be my preference, take your friendly strata manager to NCAT and ask that they be made statutory appointees until all the issues were resolved.

    If this was successful, the Owners Corp and strata committee would be sacked and all decisions would be made by your statutory appointee.

    I would also at this stage be talking to an experienced strata lawyer about all your options.  Just an observation, but it sounds like theis whole scheme was set up so that the residential lots would subsidise the commercial ones.  If you can show that’s the case, you should be able to get the Tribunal onside.  

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.