#13163
Jimmy-T
Keymaster

    Your strata manager may be reading the absolute letter of Fair Trading's flawed advice.  It does say that the Owner's Corporation has to issue the Notice To Comply – but  doesn't mention that can be done by the Executive Committee or, indeed, the strata manager, acting on behalf of the OC, if he or she is empowered to do so.  In short, your strata manager is either wrong or lazy (or both).

    The EC, however, does have to have a meeting and minute the decision for it to have any standing.  But if this was left to general meetings, there would be 51 weeks of chaos in strata blocks with one week of respite leading up to the AGM.

    I'll give you the same advice we gave to an owner over damage to paintwork: tell the Strata Manager to check with the Institute of Strata Titles Management, if they are a member – they'll put them right.  If they're not a member, start agitating to get rid of them – chances are they are cowboys (which, on this evidence, seems possible).

    The person claiming for damage to their paintwork – who'd been told by the strata manager it was up to her to pay for it – got a note back asking when she wanted the painters to come round to give the EC a quote.

    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.