Hi Flanet,
Sounds like a right dilemma to me, but my experience with Fair Trading was very positive… Although the inspectors lack the power to make important sanctions, you may be left with the Tribunal who in my opinion are a cancer to NSW Strata Schemes (just my opinion of course).
I’d be inclined to start with lodging a complaint with the Strata Section (make sure it’s not the building section) of Fair Trading and get the ball rolling. You Strata Managers should be investigated by the inspectors and your concerns viewed by a Government Dept. at least.
If you have little luck, consider lodging a formal complaint with the NSW Fair Trading minister under the Property, Stock and Business Agents Act and then maybe seek to sue your Strata Managers once all owners are aware of where their money is being spent.
Also, go to a NSW Court of Law and avoid the Tribunal… it’s not worth your time and effort and it is likely your strata manager will just hire an unscrupulous lawyer to lie outright and they will get away with it… as the unfortunately do most of the time! You might even find out that the former EC members were well aware of these indiscretions, and could sue them directly if that’s the case… They’re no longer covered by ‘your’ office bearers insurance if they have sold up.
I feel sorry for you really, but this is strata in NSW for all of us. If you want justice, don’t bother as it doesn’t exist in Australia… This was the advice of a well respected Strata Lawer to me… he added that the most you can hope for is monetary damages!!
Best of luck,
Thom