@Whale said:
ccgirl – further to KP’s post, I support his advice that your Executive Committee should first check the “contract details”, because not only will that Strata Management Agency Agreement (in NSW) between your Owners Corporation (O/C) and its current Strata Manager detail if they’re required to arrange site inspections such as the one by the plumber, but it will also detail the circumstances under which that Agreement may be mutually terminated; usually with three (3) months written notice.That will answer your question about the legality / ethics of what the Strata Manager has done with regard to delegating the task to the Executive Committee (E/C), and also your second question about the E/C insisting that the Strata Manager do the job that they’ve (maybe) been contracted to do.
In NSW both the Strata Manager’s activities and the operation of their Agreement with your O/C is governed by the provisions of the Property, Stock, and Business Agents Act (2002) and by a Code of Ethics developed by their peak industry body, Strata Community Australia (national), through whom your E/C can also lodge a complaint.
A word of caution though. There is always two sides to a story, so before your E/C jumps into the deep end, it should just make sure that it’s appraised of all the facts, lest your O/C finds itself paying for a new Strata Manager and the current one, and also be in the middle of an otherwise unnecessary quagmire as one Strata Manager (slowly) hands-over all the O/C’s records to another.
Is it mandatory for a Strata Manager to be a member of Strata Community Australia? If not, then the E/C cannot lodge a complaint.
Part 12, 191 of the Property, Stock, and Business Agents Act (2002) states: “Disciplinary action under this Part can be taken against a person who is or was the holder of a licence or certificate of registration on any one or more of the following grounds:
(c) the person has, in the course of carrying on business or exercising functions under the licence or certificate of registration (this includes Strata Managers) acted unlawfully, improperly, unfairly or incompetently.” Fair Trading advised me they do not take complaints for customer service issues. I wonder what they consider improper, unfair or incompetent.