› Flat Chat Strata Forum › NCAT – the NSW Tribunal › Do I have to resign from the committee before I take my block to NCAT? › Current Page
You can take action against the Owners Corp (not the committee, necessarily) for failure to exercise its duties under the Act. First, arrange mediation anat which you would ask the OC representative to agree to a time frame for seeking quotes and commencing work on the lift.
Regardless of the outcome, if nothing happened, you would then take action at NCAT. I think Section 232 (1)(e) would cover it.
And no, you wouldn’t have to resign but your fellow committee members may try to get you voted off at the next AGM. However, you could argue that the committee and individual members could be considered personally negligent and liable if the lift stopped working or there was an accident.
NCAT should issue orders requiring the committee to organise repairs within a certain time frame.
232 Orders to settle disputes or rectify complaints
(1) Orders relating to complaints and disputes
The Tribunal may, on application by an interested person, original owner or building manager, make an order to settle a complaint or dispute about any of the following:
(e) an exercise of, or failure to exercise, a function conferred or imposed by or
under this Act or the by-laws of a strata scheme,