#30151
Jimmy-T
Keymaster

    I recall a chat I had with the former Fair Trading minister Victor Dominello who told me that Section 232 (2) of the Act was designed in part with a view to making lazy and neglectful strata committees fulfil their responsibilities.

    You are lucky that the committee has decided to do nothing as that makes your next step very clear.

    First download this form and use it to apply for mediation at Fair Trading, which is compulsory but free. If and when the strata committee either doesn’t turn up or refuses to do anything or delays taking action, you can then apply for orders under Section 232.2 (below) using this form.

    It may be that when they see you are serious, they might do something about it.  Or they might say they are going to do something but never get round to it … in which case you have taken the initial step required before you can go to the Tribunal.

    232   Orders to settle disputes or rectify complaints

    (1) Orders relating to complaints and disputes

    The Tribunal may, on application by an interested person, original owner or building manager, make an order to settle a complaint or dispute about any of the following:

    (e)  an exercise of, or failure to exercise, a function conferred or imposed by or under this Act or the by-laws of a strata scheme,

    (2) Failure to exercise a function

    For the purposes of this section, an owners corporation, strata committee or building management committee is taken not to have exercised a function if:

    (a)  it decides not to exercise the function, or

    (b)  application is made to it to exercise the function and it fails for 2 months after the making of the application to exercise the function in accordance with the application or to inform the applicant that it has decided not to exercise the function in accordance with the application.

    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.