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Morning All,
Our strata plan has lodged with NCAT for a compulsory strata manager. Surprisingly no one is objecting to this however there is mass confusion as to the role of the Strata Committee and we have received conflicting advice from various sources. The current SC thinks they will still be there. Can you guys please help me with these questions;
* I understand there still must be a SC – yes?
* We should have had our AGM in September. Does that mean the current SC continue (that would be terrible because they are the reason we lodged)
* Otherwise how is the SC elected?
* Will those people play any part in the process of day to day management?
* I understand there will be no meetings for the term of the compulsory management?
* How do we get a motion in front of the SM?
Any more information you can give me would be appreciated.
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I don’t get it – why would you lodge for a compulsory Strata Manager if the reason that you lodged is the SC? Why don’t you just get the numbers together and get a new SC?
Doesn’t sound like the EC knows much if the AGM is several months overdue.
Depending what’s been agreed with the new strata manager a new EC/SC will be elected. Basically everything is up for grabs. It could be via a light touch compulsory strata manager just making sure things run smoothly and stepping in only when required to one that takes full control of all roles, conducting audits and making all decisions down to how long the night lights stay on. Their intended role should be discussed and presented at NCAT when the application is lodged. If it’s been agreed the current EC/SC members stay then they stay.I wouldn’t be worried if a compulsory strata manager comes on board they will likely tease out all the nonsense that has been going on.
@newlsie said:
Morning All,Our strata plan has lodged with NCAT for a compulsory strata manager. Surprisingly no one is objecting to this however there is mass confusion as to the role of the Strata Committee and we have received conflicting advice from various sources. The current SC thinks they will still be there. Can you guys please help me with these questions;
* I understand there still must be a SC – yes?
No. There could be a committee but they’d have no power – that has all be passed to the Statutory Strata Manager (SSM) who might talk to the committee on an advisory basis but the power is all with the SSM
* We should have had our AGM in September. Does that mean the current SC continue (that would be terrible because they are the reason we lodged).
Nope. As soon as the SSM is appointed, the committee, to all intents and purposes, ceases to exist.
* Otherwise how is the SC elected?
No SC, so no election.
* Will those people play any part in the process of day to day management?
No
* I understand there will be no meetings for the term of the compulsory management?
Correct.
* How do we get a motion in front of the SM?
Send them a letter or make a phone call. But it can only be a request, not a motion, as there are no meetings.
Any more information you can give me would be appreciated.
A statutory appointment of a strata manager is to take over any or all of the functions of an owners corporation (usually the latter) when they have proved incapable of running the show themselves. Their term is usually a year which usually gets renewed on request. Some will consult with owners to keep them involved, but most just run the show the best they can without any assistance from people who, by definition, have failed.
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 really need to check on what compulsory strata management means. Under compulsory management there are NO CONDITION that you can set for them.
The manager is the BOSS. They set levies, decide on what gets done and when. They do not need to tell you their decisions, but usually send a notice informing you what their doing anyway. They do not hold meetings as there is no need you don’t get a say in the property.
Their there to save the sinking ship, which is your property. If they are appointed; get ready for some tough love.
As an interested party in this application to NCAT I thought I would update this thread. I don’t agree with some of the content posted by the OP but won’t bother going into that as there is even more interesting detail.
The application was lodged by the OP in their name and 3 other parties. However as this matter proceeded through NCAT it was revealed that one of these parties had in fact died 2 years earlier. There was never any explanation as to why a dead person was included in the application but this reduced the number of real applicants from 4 to 3. It was also discovered that the person specifically nominated in the application to manage the scheme as the compulsory administrator was also dead and had been dead for almost a year. There was also never any explanation of this and as you can imagine NCAT wasn’t impressed by all these dead people in the application. Of the 3 remaining applicants, one was also a very elderly person who is uncontactable except through the OP who manages their affairs. The fourth applicant is also an elderly person and how this person got caught up in this farcical application is a mystery to most owners and residents.
There are 36 apartments in the scheme with the OP owning two and apparently acting for a third and fourth in the application. This left 32 potential respondents. Out of these 32 potential respondents, at least 22 opposed the OP’s application to hire their preferred strata managing agency with NCAT also questioning that agency’s independence. NCAT rejected the application of the OP and referred the strata scheme to a new strata managing agency for compulsory administration.
How could I frustrate proceedings if I wasn’t there? Anyway thanks for confirming your knowledge that you were using dead people to pad your application. So the letter informing all owners of the situation was right! Shame on you!
So that other members of the forum know what happens for compulsory administration = the compulsory strata manager is to exercise all the functions of the chairperson, treasurer, secretary and strata committee of the owners corporation persuant to part 237 of the strata management act which means the role of the compulsory manager is actually limited to specific functions.
So I know not to buy there where is this building located?
Obviously , my message about not bickering publicly didn’t take. I am shutting this down right now.
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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