#26226
Jimmy-T
Keymaster

    Before you do anything else on this, you need to establish the fundamentals.

    Firstly, who appointed the property manager, was it done at a general meeting and what are the terms of the contract? 

    If this wasn’t done properly at a properly convened general meeting, then the contract may be void.  Owners are entitled to view all records of the strata scheme, so get on to that.

    Then also look at the contract for the supply of gas.  Who signed it? Again, was it agreed at a properly constituted general meeting? What are its terms?

    If there has been some dodgy dealing, you can run a case at NCAT to do anything from forcing the strata committee to stop making a profit from the gas, to getting the property manager contract torn up, to having the statutory appointment of a strata manager to take over the running of the building.

    But first you need to establish who has behaved badly and precisely how.  

    By the way, conflict of interest laws only mean that the compromised owners have to declare themselves, then be absent while the committee decides whether or not they can attend the meeting during that specific discussion and vote on the topic.  If the committee is onside with them, they are just going to wave that through. 

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.