#23748
Jimmy-T
Keymaster

    I have a feeling this may fall under Section 138 (see below) regarding the failure of an Owners Corporation to fulfil its duties under the Act.

    If you think there is a serious problem with this appointment, you could write to the EC and demand that they hold an EGM to ratify the appointment (or otherwise).  You should warn them that failure to do so withing two months will lead to you taking action against the OC under section 138.

    Having said that, if you don’t have any issues with the person or company appointed, then be careful of being branded a serial nuisance which will doubtless be used against you when there is serious problem that really does need to be addressed.

    138   General power of Adjudicator to make orders to settle disputes or rectify complaints

    (1)  An Adjudicator may make an order to settle a dispute or complaint about:

    (a)  an exercise of, or a failure to exercise, a function conferred or imposed by or under this Act or the by-laws in relation to a strata scheme, or

    (b)  the operation, administration or management of a strata scheme under this Act.

    (2)  For the purposes of subsection (1), an owners corporation or building management committee is taken to have failed to exercise a function if:

    (a)  it decides not to exercise the function, or

    (b)  application is made to it to exercise the function and it fails for 2 months after the making of the application to exercise the function in accordance with the application or to inform the applicant that it has decided not to exercise the function in accordance with the application.

    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.