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Can you take Strata manager to NCAT for failings of SSMA and Property and Stock Agents Act 2002 as an owner?
I have an existing NCAT application with the Tribunal (NCAT NSW) to remove Certain committee members due to a litany of serious failures to conduct this duties appropriately, as well as mis-management of the scheme, including failures to abide by the SSMA.
The strata managers also failed to abide by SSMA, and this was agreed to by Fair Trading which acknowledge there may have been a potential breach. (There definitely was, however the actual wording from FT is so soft its pathetic!)
They also failed to abide by the the REI NSW code of conduct, including failing to declare. conflict of interest, exercise their duties with, care, carried out targeted discriminations, and showed bias towards people.Yes pretty much failing nearly of the code points! Whats even more disgusting is that the strata manger involved is a very senior member of REINSW.
Question is, Can you include the Strata manager/s as a respondent in the case for NCAT to take actions for their failings?
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You are a legend Truleconcerned. I will do just that. This kind of bullying by strata managers would not be allowed anywhere else. This is not a case of the sm not doing the oc’s bidding. I am the oc and communicated to them what I wanted. They declined. Thanks.
@sealion I am glad I helped. When filing a complaint remember to separately list every instance of poor, misleading or plain dishonest behaviour by the SM. It is not mandatory, but it helps if you can show a pattern of bad behaviour.
Let us know how you go and return to this venue in case you get stuck. That’s what the forumsters are here for.
FACT: No NSW strata manager has ever lost their licence just for being really, really bad at their job.
There is a strata manager I know of that recently received a show cause notice as to why his licence should not be revoked by FT. Now it’s taken FT since late last year to investigate, they have issued the show cause and now it might take 12 months or more for the licence to be pulled.
We really need a system, like with other licensed trades, where you can look at what black marks are on a persons licence. Likewise strata managers should be compelled to advise prospective clients of any instances of them being involved at NCAT. The current means of naming NCAT cases gives no insight as to which strata manager is involved.
This is the big, gaping hole in the state government’s efforts to convince home-seekers that apartment living is a good choice; slack strata managers who find ways around the regulations to make it easier to milk funds from apartment owners are allowed to get away with it.
Does the government think prospective apartment buyers don’t talk to people who already own them?
I feel sorry for the people who have been saddled with these shonks as well as the strata managers who are trying to do the right thing.
The Strata Commissioner is a decent bloke but his office is grossly underfunded and he is way too easily influenced by the NSW branch of Strata Community Australia (SCA-NSW) who have been way too busy developing their “vertical integration” – a posh term for creating cartels – to look after their clients … you and me.
David Chandler has found a way of exposing the shonks and charlatans in the building industry. It’s time Strata Commissioner John Minns was given the backing to do the same with strata managers.
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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