› Flat Chat Strata Forum › The Professionals › How to effectively complain against an unresponsive strata manager? › Current Page
JimmyT said:
If your strata manager isn't in ISTM, that's a very good reason to get rid of them.
I don't know how much help Fair Trading will be with someone who is just ineffective rather than professionally incompetent.
Jimmy is absolutely right, if your agent is not a Member of the ISTM then seriously look for one who is. The ISTM have standards and if Members can't cut it then they might find they are not Members for too long.
Agents have poor reputation with some Members at CTTT and one goal of the ISTM is to bring confidence to the consumer in the product (i.e. the agent).
Fair Trading are not much help. There are numerous cases where agents are not very good (to put it politely) and Fair Trading are very reluctant to revoke a license unless there is something seriously negligent or corrupt going on. Even CTTT has many cases of where OC's try to change agents but Members decline to make orders even though the agents compliance level is not much better than a bunch of volunteers operating a non-compliance culture to keep the levy low.
In the cases above, rchin77 and explorer, the owners need to look at the scope of the agents appointment and remember that the agent is generally subordinate to the EC who are subordinate to the OC at a General Meeting. Often owners feel because there is an agent he/she is the king-pin, this is rarely the case.
If you want something done then it will generally need EC approval or OC approval at a General Meeting depending on the detail.
The agent just gets the instructions from the EC or OC; the agent rarely call the shots. If the EC or OC is being unreasonable in withholding an approval or neglecting a duty then there is the dispute resolution mechanism in the Act.
Do not forget who controls the Owners Corporation; it is the owners, not the agent. If you have an EC then that is where most approvals come from otherwise take motions to a General Meeting if the matters are restricted to such meetings. Permission from the agent is often not needed; always check the management agreement and see what duties the agent has been given.