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Topic
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A question regarding the NSW SSMA Section 237 allowing NCAT to order appointment of a new strata manager, replacing an existing unsatisfactory manager, on application by an owner, in the circumstance of a strata committee divided and uncertain on what to do.
Does the applicant-owner need to have a specific replacement manager in place to take over if the NCAT should order a new appointment, or can the Tribunal simply order the Owners Corporation to seek tenders from strata agencies and appoint a new manager from the tenders, perhaps by general meeting?
Having to have a specific new manager in place beforehand would seem to place too much power in the hands of the applicant-owner as to who would take over — perhaps as a temporary dictator as well.
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I think it is common these days for the applicant to turn up with a strata manager who is willing to take on the role. However, I have heard of a miscreant committee turning up with their own strata manager who got the gig instead. You can guess what happened next (even though the NCAT Member couldn’t see any problem).
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.
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