› Flat Chat Strata Forum › Talkin’ ’bout a renovation › New strata legislation a red-tape nightmare for strata schemes › Current Page
Hi Millie,
I have seen advice before from a very competent Strata Lawyer (who wrote the book on Strata Law in NSW) on how to deal with a similar issue.
Once you have informed them of the proposed works, the main part of his advice was to ‘offer’ to pay a deposit to the OC that is to be refunded after the works are complete. If the OC wished to retain anything from the deposit, they would need to provide evidence (most likely Expert report) detailing any (unlikely) damage your contractors would have caused to the common property in order to do so.
If they refuse, the NCAT can make an order approving your internal works bypassing the office bearers entirely!
I am unsure how far down the process you are, but I certainly would not be offering to pay for a general / executive meeting to be held as they can place the issue on the agenda at the next meeting to approve or disapprove. After all, the next meeting should occur within a 3 month gap at most and the OC are responsible for conducting / paying for its own meetings.
If they (EC, forget everyone else for the time being) don’t pass a motion allowing the internal works, or are playing silly beggars just to be difficult, offer to pay the $7,000 in protest and inform them that you will seek to recover the monies in a Court of Law together with any legal costs and damages for Nuisance against them personally (EC under sect 117 SSMA; and Strata or other Managers in General under sect 122).
NCAT are duty bound to install a Compulsory Strata Manager if the OC cannot function properly / not fulfilling their duties so I would collect as much evidence to that effect. All in all, if they are indeed bullying you as can be inferred by your posts, they may have the pleasure of paying dearly for their games playing and / or losing any control of the schemes functions.
Either way, even if your relationship is soured by past conduct, make sure you are courteous and considerate in all your dealings with them and try your best to get / keep everything in writing.
Good luck with the incumbents!
Thom