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I think you need to talk to a specialist strata lawyer as this guy is giving you flawed advice.
The fees quoted seem highly inflated for a process that basically requires you to fill in a form (application fee $78) and send the CTTT proof that the scheme is not being run according to the Act accompanied by a letter from a strata manager who is prepared to take on the gig.
When whoever loses the case appeals – as they will – you then go to a full tribunal.
Also, because the CTTT has been set up as a ‘low-cost’ dispute resolution body, they won’t award costs, so your lawyer friend is wrong on that count too.
This process is a lot easier and cheaper than you might think – but that doesn’t mean you don’t have to make an effort and spend a little cash. You will find the form HERE – go to page 5 and look at section 162.
This is one of the areas for adjudication that doesn’t require mediation at Fair Trading before you can proceed. Also you can apply to have any or all of the functions of the Owners Corporation or Executive Committee delegated to the strata manager.
In your case I would suggest that you ask for a limit on the time that that strata manager is appointed – two years or until the Owners Corporation is capable of running its own affairs properly, for instance. You could also apply to limit the strata manager’s duties to, for instance, repairs maintenance and management of common property.
Either way it sounds like you would have a strong case for a statutory appointment. You could do a lot worse than contact our sponsors StrataChoice (click on the ad) and ask their advice about compulsory appointment.