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clement – I know that I’ve twice suggested paying the builder but I wouldn’t suggest doing so and then taking the matter to the Department of Fair Trading (DOFT), as on the basis of my past experience they’re under resourced to do anything other than conduct a desk-top investigation of the matter in dispute, whereupon it becomes an unprovable they said / we said situation where as the work’s been completed, apparently in accordance with the Strata Manager’s scope-of-work (?), the O/C would likely loose.
At the end of the day it was the Strata Manager who engaged the builder and apparently on some basis defined their scope-of-work, and it’s their responsibility to pay their invoice from your O/C’s funds with its prior authorisation which was as you’ve advised, in the absence of further information, formally refused before any works were even commenced.
Furthermore, was the $4.5K investigation either approved by the E/C or a function under which the Strata Manager had full authority under the terms of their Agency Agreement with the O/C?
It’s almost time to try the shock-and-awe approach with your Strata Manager, where despite the backside covering terms of Strata Management Agency Agreements whereby to the best of my recollection the Strata Manager is indemnified (my term) from fault except in the case of fraud, I’d still be inclined to inform them that in the absence of a brokered solution that’s acceptable to the E/C, then the O/C will:
1) Lodge an Application for Mediation of the matter by a Community Justice Centre
2) Ascertain whether they’re members of Strata Community Australia (SCA) as the peak industry body, and that if they are members (most reputable Agents are) then it will lodge a Complaint with the SCA.
3) Lodge a Complaint against them with the DOFT under the provisions of the NSW Property, Stock, and Business Agents’ Act (2002) by completing THIS.
Again, as a matter of interest what was the nature of the problem and its consequences in the rental unit?
PS – I just thought of a last resort approach (#4), where Strata Management Agency Agreements typically include termination provisions, that from the O/C’s perspective my be formally initiated where the Strata Manager is considered to be in breach of their obligations, and fails to remedy that within with 30 days. Your O/C would however need to carefully read its copy of the Agreement and have a new Strata Manager on standby just in case.
Whale, 1415hrs 11/06