#12877
Billen Ben
Flatchatter

    JimmyT said:

    CBF's comments about volunteers are valid but if those voluteers don't have time, aren't interested or are so defensive that they won't listen, then they shouldn't be on the committee.  They are supposed to be bridges with owners, not roadblocks.

    More commonly than otherwise, members of Owners Corporations are laypeople. They, just as the very few who would be lawyers, must provide proper management of a strata scheme.” G Durie; Senior Member CTTT. Bushby v Owners Corporation SP 64939 (Strata & Community Schemes) [2009] NSWCTTT 70 (25 February 2009)

    Being a volunteer is not an excuse anymore. Senior employees at CTTT have an expectation of volunteers; the same expectation they have of professionals.

    It sounds like a small SP so it is possible to have an EC meeting in less than a week. Consider talking to some people on the EC immediately and let them know you are prepared to put the matter before CTTT if the OC does not give you some sort of acceptable timetable for the required work.

    If the EC do not want to be reasonable about the matter then
    perhaps consideration should be given to s170 of the Act – seek an interim order and quote the Seiwa case. Apply to have the OC ordered to take “immediate” action.

    Seiwa Pty Ltd v Owners Strata Plan 35042 [2006] NSWSC 1157 (6 November 2006)

    If you do want to apply for an immediate order you will also need to apply for mediation at the same time and you will also need to submit a substantive application (application for an Adjudicators Order) at the same time. It will cost $72 x 3 if you want to press the matter.

    There is nothing pro-active about not fixing a leaking (common property) roof and if the OCs' apathy is leading to continuing damage and/or interference with use of lot then perhaps it is time to give the OC some hurry up.

    Sometimes an owner has to be firm and if that means going outside the OC to get a solution to a problem then that is what the Act provides for.

    It would also be worthwhile to seek a quote and put a motion on the next AGM agenda to appoint a new manager- just to keep the current manager from getting too complacent.Smile