#23639
Jimmy-T
Keymaster

    Write to the strata manager and the secretary of the committee (they are bound by law you have a mailbox on site) along these lines.

    Dear Secretary and Strata Manager

    As you have failed to address the issues of urgent repairs that I have brought to your attention on numerous occasions (quote dates), I am hereby giving you notice that if these matters are not properly addressed and remedied with in two weeks from this date, I intend to:

    a) Pursue an action against the Owners Corporation under Section 62 of the Strata Schemes Management Act, which says “An owners corporation must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.”

    b) Pursue an action under Section 138 of the Act which says: “An Adjudicator may make an order to settle a dispute or complaint about … a failure to exercise a function conferred or imposed by or under this Act or the by-laws in relation to a strata scheme, or … the operation, administration or management of a strata scheme under this Act.

    c) Subsequently, use the evidence of negligence in the above matters to seek the statutory appointment of a strata manager, under the provisions of Section 183B, to replace the current strata manager and executive committee.

    That should get their attention.

    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.