- This topic has 2 replies, 3 voices, and was last updated 1 year ago by .
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A number of the owners in our complex recently had a meeting regarding some residents not complying with noise/ nuisance bylaws in our complex. We contacted the Strata Manager and asked that he issue a notice to comply to the offenders as the breaches had been occurring for a few years and several “warning letters” had already been sent by said Strata Manager over the years.
The Strata Manager has been delegated powers to act on behalf of the owner Corp.
The Strata Manager insists that a Strata Committee/OC meeting be held to decide to issue the notice despite me pointing out the following. (I am on the committee)“The strata committee, or owners corporation (if it has decided not to let the strata committee issue this Notice), must convene and hold a meeting to decide to issue this Notice or to issue notices for the type of breaches concerned in this Notice, and record its decision in the minutes. Alternatively, a managing agent who has been delegated the function may decide to issue this Notice.” (My emphasis).
Am I wrong in saying that The Strata Manager has received numerous complaints from a variety of owners and has issued warning letters, however refuses to issue a notice to comply is a bit out of touch??
It is worth noting that we have had other issues with this Strata Manager not following our instructions and sending legally unenforceable letters (eg: addressed to “The occupier” rather than a named entity as required by NCAT)
The thoughts and advice of Flat-Chatters would be appreciated
Cheers
Andyj- This topic was modified 1 year ago by .
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How can I put this? The strata manager doesn’t know what they’re doing and, fundamentally, that’s what you have to deal with.
Take the “written warnings”. Notices to Comply are written warnings so all you are doing is warning them that they will get more warnings.
Huh? Let’s reverse into this. If you want to take action for a breach of by-laws, you must (in NSW) have issued a Notice to Comply. That’s the law. So if you send someone a warning telling them that if they don’t stop misbehaving you will take further action, that action must, according to strata law, be a Notice to Comply.
A Notice to Comply says that the resident has breached such and such a by-law and if they don’t stop, then they will be taken to NCAT and they might get fined. Is that a warning or a threat? It doesn’t matter.
If you send them any other, non-NTC warning of further action, you are effectively saying, if you don’t heed this warning we are going to send you another warning.
Your strata manager should know this. Time to start looking for a new SM before they do real damage, methinks.
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.
- This reply was modified 1 year ago by .
Jimmy is right. The strata mgr doesn’t know his job.
While looking for a replacement manager, who when found, may or may not be better than the one you’ve got, I suggest at the same time that you make a complaint about the strata mgr to NSW Fair Trading on 13 32 20. Note when calling NSW FT make clear it is a complaint about the strata mgr not the Owners’ Corp.
You’ll be asked to do so online where you can state that in regards to
Property and Stock Agents Regulation 2022 (this lists what is required of agents such as strata mgrs)
Schedule 1 General rules of conduct applying to all agents and assistant agentsthat the strata mgr has failed to comply with the provisions of the Regulation.NSW FT will – if it agrees with you – call the strata mgr and educate him on his legal obligations that underpin his license to operate.I suspect soon thereafter either he will abide by the committee’s instructions or disengage as strata mgr.
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