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We are currently under compulsory management and have a problem with “thug” style management.
We have a storm water issue which requires attention. The strata managers have brought in their preferred plumber to deal with the problem. They will not provide a quotation other than “do and charge” which is not acceptable. They will not get other quotes and have forbidden any trade to come on site without their permission.
Their “preferred” plumber has told me the job could cost $40,000 to $50,000 and maybe more. This would bankrupt the elderly pensioner owners.
Is this permissible? Are they duty bound to get other quotes? Are they not duty bound to act in the interests of the owners?
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If you feel that the statutory manager is not servicing the strata scheme in the best interests of the owners, then you can apply to NCAT to have the terms of their appointment changed (for instance, to include all major expenses being subject to at least two quotes).
This would come under Section 237.7 (below). But gather all the evidence for this that you can before embarking on what could be a tough endeavour.
By the way, no strata manager, statutory or otherwise, can prevent an owner bringing a guest on to the property. If you want another tradie to give you a quote, have them accompanied by a resident.
And remember, there’s a reason that tradies say having a relationship with a statutory manager is a licence to print money.
Tou might also have a look at this thread …
237 Orders for appointment of strata managing agent(1) Order appointing or requiring the appointment of strata managing agent to exercise functions of owners corporation
The Tribunal may, on its own motion or on application, make an order appointing a person as a strata managing agent or requiring an owners corporation to appoint a person as a strata managing agent:
(a) to exercise all the functions of an owners corporation, or
(b) to exercise specified functions of an owners corporation, or
(c) to exercise all the functions other than specified functions of an owners corporation.(7) Revocation of certain appointments
An order may be revoked or varied on application and, unless sooner revoked, ceases to have effect at the expiration of the period after its making (not exceeding 2 years) that is specified in the order.
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.
You just nominate someone to act as your agent (with their permission, of course). I think it has to be registered on the Strata Roll for them to receive all mail etc.
Have a chat with our new sponsors Strata Answers. This may be the kind of thing they do (for a fee)
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.
I would consider a limited power of attorney specific to what was required.
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