› Flat Chat Strata Forum › Common Property › Fair Trading/NCAT – Order to repair common property – any positive outcomes › Current Page
Two things:
Firstly, under section 232 (1, e) and (2) (below) you can take the owners corp to NCAT for failure to fulfill its statutory duties once you have asked them to do so.
Secondly, click on the ad for our sponsors Lannock and find out how much it would cost to get a strata loan to complete the works without everyone in the building being hit with a crippling special levy.
There really is no excuse for not pushing ahead with this – your committee needs a rocket under it and Section 232 is the one that lights the blue touch paper.
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,(2) Failure to exercise a function
For the purposes of this section, an owners corporation, strata committee or building management committee is taken not to have exercised a function if:
(a) it decides not to exercise the function, or
(b) application is made to it to exercise the function and it fails for 2 months after the making of the application to exercise the function in accordance with the application or to inform the applicant that it has decided not to exercise the function in accordance with the application.