- This topic has 2 replies, 3 voices, and was last updated 7 years, 4 months ago by .
-
Topic
-
I have been asking for three years now that our 1983 lift be upgraded or replaced, when on the SC and off. I am now back on the SC and the lift is still a major problem. At a recent AGM, it was voted against spending any money on the lift. The meeting was full of commercial non-residents.
Can I go to NCAT against the committee that I am now on? Do I have to resign to do so?
JT: The issue of the lift is discussed in detail here.
-
Replies
-
No, you don’t need to resign.
Does your strata scheme have an annual service check on the lift – what have the reports been saying about the condition of your lift? Are there important safety issues that are being ignored?
Without a condition report, and without a documented refusal in the Minutes from the OC and/or committee to repair the lift, then you do not have sufficient material to take to NCAT, and you run the risk of having your application rejected.
If I was you I would investigate the cost of obtaining a lift consultant’s report on your lift. Just a quick internet search has discovered a couple of companies that you could obtain a quote from:
https://www.liftsconsultant.com/what-we-do
https://jcalifts.com.au/strata/
If the committee are not interested in pursuing this issue then you can submit your own Motion to the next general meeting. Your Motion could go something like this
Motion: Lift consultant report.
That the owners corporation resolves to obtain a condition report and feasibility study from a qualified and reputable lift consultant xxxxxxxxxx at a cost of $xxxxxx to assess the condition of the lift and to determine whether the lift needs refurbishment or replacement; and that the report is to completed by xxxxxx .
After talking to some companies you can fill in the name of the company that you feel comfortable with, and fill in the cost of the report, and fill in the date.
Your explanatory material could include some points about why the report is necessary. You could perhaps use some extracts from the following legal opinion from Meuller and Co Lawyers: https://www.lookupstrata.com.au/nsw-lift-refurbishments/ or from one of the lift consultants that you may have contacted. These companies have dealings with strata so may be able to advise you on the best way forward.
If the OC does not support the obtaining of a lift consultant report and the majority votes NO then you have a trigger to go to NCAT.
You can take action against the Owners Corp (not the committee, necessarily) for failure to exercise its duties under the Act. First, arrange mediation anat which you would ask the OC representative to agree to a time frame for seeking quotes and commencing work on the lift.
Regardless of the outcome, if nothing happened, you would then take action at NCAT. I think Section 232 (1)(e) would cover it.
And no, you wouldn’t have to resign but your fellow committee members may try to get you voted off at the next AGM. However, you could argue that the committee and individual members could be considered personally negligent and liable if the lift stopped working or there was an accident.
NCAT should issue orders requiring the committee to organise repairs within a certain time frame.
232 Orders to settle disputes or rectify complaints
(1) Orders relating to complaints and disputes
The Tribunal may, on application by an interested person, original owner or building manager, make an order to settle a complaint or dispute about any of the following:
(e) an exercise of, or failure to exercise, a function conferred or imposed by or
under this Act or the by-laws of a strata scheme,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 must be logged in to reply to this topic.