Here is a set of questions I put to Fair Trading on this issue and their spokesperson’s answers.
- How can NCAT/CTTT replace the same strata manager from some schemes in a development and not the others?
Each case is considered on its individual merits and the evidence produced by the parties. If a party considers the Tribunal made an error in law or made a decision outside its jurisdiction or did not provide procedural fairness, they can explore their appeal rights as a way to seek redress.
- How bad does it have to get before a strata manager loses their licence? Even a conviction for violence and threatening behavior isn’t enough.
Strata managers are licensed under the Property Stock and Business Agents Act 2002, and section 191 of the Act sets out the grounds for a notice to show cause to be issued to a licence holder or former licence holder.
Licensing forms require criminal convictions to be disclosed and some convictions, such as dishonesty convictions might automatically disqualify a licence holder from renewing a licence. Fitness and propriety of an agent must also be considered. A conviction for violence or for threatening behaviour might be sufficient to stop someone renewing their licence or may be grounds for disciplinary action but the circumstances of the matter will need to be taken into account by Fair Trading.
- How many strata managers have been de-licenced in the past two or three years? I have not heard of one.
Strata managers are licensed real estate agents. Data is not kept to distinguish one type of agent from another. Fair Trading reports on its web pages on a quarterly basis about disciplinary action taken against real estate agents. Many agents and agencies have had their licences cancelled in the last two years, but their class of licence is not reported and cannot be ascertained