#28206
Jimmy-T
Keymaster

    Have you ever considered applying for the statutory appointment of a strata manager?

    I ask because there is a notorious case in Sydney where one side of a dispute (the owners corp) won in an battle over a staircase built without permission while, at the same time, the losers in that case had a strata manager appointed because, they successfully argued, the other side was wasting money on legal battles over things like stair-cases (I kid you not!).

    Now, NCAT cases do not create a precedent (thank goodness) but I think it would be worth your while applying for a statutory appointment on the grounds that:

    a) The owners corp is pursuing legal action for malicious and personal reasons

    b) The owners are not being properly informed of why they (and not you) are having to pay tends of thousands of dollars for issues that could and should have been resolved amicably long ago

    c) The vendetta continues and more legal bill await because of the OC’s reluctance to accept a decision by a superior court. 

    d) the committee has shown a callous disregard for basic safety in the building while pursuing personal battles 

    Your argument would be, not that they shouldn’t appeal, but that an independent expert (a strata manager) should decide whether this is a valid approach.  

    Also, all owners need to know what their money is being spent on and why and you can show that the minutes of the committee have not properly reflected the actual events. 

    Talk to a reputable strata management firm about supporting your application (and I am very happy to recommend our sponsors Strata Choice for this) and they will tell you whether they think this is worth pursuing. It will cost you nothing and will resolve most of your problems – at least for the next couple of years.

    In about six months your neighbours are going to be hit with a special levy to pay everyone’s legal bills.  They will want to know why no one put a stop to this.

    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.