- This topic has 1 reply, 2 voices, and was last updated 7 years, 3 months ago by .
-
Topic
-
In Sydney NSW in a block of 36 where we have a Strata Manager who exercises all function of the Strata Committee: Secretary, Treasurer and Chair… is the Strata Manager bound by ‘the Act’ to manage things “in the best interests of the Owners Corporations” as required under Section 37 Duty of members of Strata Committee?
What if he doesn’t? What if he takes requests and says he’ll act and doesn’t? What if he says he’ll have to run it by the committee and doesn’t? What if he tells fibs?
We have a few instances like this where residents are told they have to go through the SM about noise, say, or parking issues or minor damage to common property, yet he never gets back to us and nothing actually gets done. At all. Committee doesn’t want to be bothered on site.
-
Replies
-
Just as the strata committee makes decisions as if it was the owners corporation, a delegated strata manager makes decisions as if he or she were the committee.
And, yes, in both cases, they are expected to observe strata laws and regulations and enforce by-laws.
There is a specific section of the Act (232 [2]) that deals with the failure of the committee or strata manager to fulfil their duties.
However, you have to seek mediation at Fair Trading before you can seek orders at NCAT, and simply initiating that process is often enough to get them moving.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. 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. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.