› Flat Chat Strata Forum › Two-unit strata › TERMITE DAMAGE › Current Page
James – the best outcome for you would in my opinion be for mediation to result in your adjoining lot owner agreeing to reimburse the approx. $3K that represents 50% of the costs that you incurred to attend to works that would otherwise be the responsibility of the Owners Corporation (O/C).
Otherwise, I don’t believe that you could take the matter to the NSW Civil & Administrative Tribunal (NCAT) due to its statutory appointment of a Strata Managing Agent, who in both legal and practicle terms is now the O/C of your Plan.
So unless the NCAT’s terms of appointment for the Strata Managing Agent specifically sets out what’s required of them, and that would be unusual, then they have carte blanche to, without prior referral to you and your neighbouring lot owner, do whatever they consider is necessary in order to bring your O/C into compliance with the Act with or without a formal General Meeting.
Despite your objectives, that I can appreciate, the Strata Managing Agent’s objectives likely won’t be limited to setting contributions at a level that they consider is sufficient to raise the required funds to properly maintain the common property, as after all an O/C’s responsibilities go far beyond that.
I hope that gives you some insight to the situation that you’ve stumbled into, albeit with the best of intentions and encouragement from worthless permissions and verbal approvals.
So how best to proceed?
As I said successful mediation is the best outcome, but if that doesn’t eventuate or if your neighbour renigs, then I’d approach the Strata Managing Agent with a formal /written request for entire cost of O/C works for which you alone have paid to be recorded as a credit towards your future contributions (levies).
That’s somewhat complicated I agree, but less so than the Strata Managing Agent, who remember IS the O/C, automously determining to raise those same funds and more from the proprietors of the Plan in circumstances where one of those (i.e. you) has already paid some of those.
In conclusion, I’ve probably painted a worst case scenario with regard to how a statutorily appointed Strata Managing Agent can elect to perform their duties, when how yours may act could depend upon a number factors including how much work’s on their table, how much of a mess your Plan’s in, how many of your O/C’s functions are out of control, and how urgently all of those need to be reigned-in.