› Flat Chat Strata Forum › NCAT – the NSW Tribunal › Broken System › Current Page
I totally concur with Whoopi and Penny Hill, regarding the impossibility of bringing rogue, incompetent and arrogant E.C.’s to account.
Our E.C. takes the attitude that the Strata Management Act doesn’t apply to them and they know that nobody can force them. For anything less than fraud (which has to be taken to the courts) there is no enforcement or penalty, so E.C.’s are a law unto themselves.
I spent $36,000 attempting to get our E.C. to manage our strata in accordance with the Act, but after mediation (was ignored), 2 tribunal hearings, letters to Fair Trading, and the Minister and the Chairperson of CTTT (all of whom gave pathetic excuses to do nothing), I eventually had to admit defeat. The Minister wrote in reply: “The management of a strata scheme is democratic and is the responsibility of the owners corporation. Fair Trading provides information to owners on their rights and responsibilities under the Act as well as mediation service [which is unenforceable] for strata issues.”
In other words, it is your problem, and the government refuses to have any involvement.
The regulator (Office of Fair Trading) is a toothless tiger (on purpose) with no inspectors or auditors and no facility to police or monitor strata administration or prosecute where required. The government knows that to do so would cost money, so it is a case of ‘industry self regulation’ which everyone knows is a contradiction in terms.
Just another example of how hopeless and incompetent our politicians, bureaucrats and regulators are.