In answer to your question Felix where the CTTT makes an order to appoint a compulsory managing agent, no ratification by the OC is necessary, it is out of their hands, refer below.
I think we had the same managing agent in Crows Nest as Paul2000, they were a disaster. I won’t go into what occurred, but the ramifications of one of their misdeeds are still being dealt with two years on. Prior to that we had a sole operator in the Eastern suburbs who lied to us, and before that a very large, very well known organisation, also disastrous.
We now have a small independent outfit based in Mascot and we are very happy with them – they are professional and honest, and to me that is very important.
On the subject of applying for an order to appoint a compulsory managing agent – the hurdles for granting this type of order are high, because in doing that the CTTT is removing basic property rights. You need to satisfy the Tribunal that the owners corporation is not functioning, i.e. that is unable or unwilling to make decisions necessary for the proper functioning of the OC, which may include compliance with the Act. Examples include where the OC is not meeting/refusing to meet its obligations under section 62. It isn’t enough to say that you don’t like how it is functioning, or you are unhappy with decisions that it has made.
An order can take a number of forms and give a range of powers – so the CTTT may decide that the appointed agent is to take on all the functions of the EC, in which case they can unilaterally decide to undertake works, or they may decide that the agent only has the powers of the owners corporation for matters such as setting levies. The CTTT does like to have options for appointment of an agent, so you may need to provide the name of more than one, three is a good number.
None of the above is legal advice, I have never been in the position of having to make this kind of application but have had experience of it in another context!