#18341
Jimmy-T
Keymaster

    I f I were in your shoes I’d be telling the EC to get on with it or you will be applying to the CTTT for the staturotry appointment of a strata manager to take over the running of the building. That means no EC and no Owners Corp plus higher SM fees until such time as the strata plan can manage itself again
    The current SM may even volunteer to do the job if they feel they are being prevented from doing the right thing by the EC.
    This strata plan seems like it is in breach of three of the four conditions (below), each of which can be grounds for a statutory appointment on its own. I would send the EC a strongly worded letter, signed by as many supporters as you can muster, pointing out the danger of being put into statutory management if they don’t get on and do the work.

    Here are the circumstances under which a strata manager can be appointed by the CTTT:

    Order may be made on application in certain circumstances
    An Adjudicator may make an order under this section (162), on application, but only if satisfied that:

    (a)  the management structure of a strata scheme the subject of an application under this Chapter is not functioning or is not functioning satisfactorily, or

    (b)  an owners corporation has failed to comply with a requirement imposed on the owners corporation by an order made under this Act, or

    (c)  an owners corporation has failed to perform one or more of its duties, or

    (d)  an owners corporation owes a judgment debt.

    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.