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Topic
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I live in a two unit strata scheme.
I was the successful applicant for the appointment of a s.162 SSMA compulsory manager for a period of two years. This was because of the other owner’s refusal to undertake repairs and the resultant extraordinary bullying behaviour towards me. This resulted in a complete breakdown of communication between the two EC members and as a result the strata scheme was completely dysfunctional.
The problem is that despite the compulsory manager, the relationship between the owners has worsened. The police have been called on several occasions and an application for an APVO initiated.
I am of the view that my only alternative is to ask for an extension of the SM’s compulsory appointment for another two years.
My questions are:
1. As the successful applicant, can I do this?
2. Do I have to go through the mediation process again?. We are unable to be in the same room together and our previous mediations have been in separate rooms.
3. Given the slowness of applications in the CTTT and probably the new NCAT how long before the expiration of the current SM’s compulsory appointment should I put in my application?
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1. As the successful applicant, can I do this?
Yes you can.
2. Do I have to go through the mediation process again?. We are unable to be in the same room together and our previous mediations have been in separate rooms.
s.162 doesn’t require the mediation process.
3. Given the slowness of applications in the CTTT and probably the new NCAT how long before the expiration of the current SM’s compulsory appointment should I put in my application?
Situation’s could change, I will be applying for 12 months on the scheme I live in, and two months before expiry requesting another 12 months extension. It seems to me you have enough evidence that warrants a s.162.
The reason I say situations change, you might want to sell and need clean books, or the other owner sells, and you have a period with the new owners that works.
I am reliably informed that strata managers frequently apply for an extension of their statutory appointment on the grounds that the problem that required their appointment hasn’t gone away nor has it substantially diminished (i.e. the same people who caused the problem are still there). This is usually allowed as a matter of course. There would be no harm in telling your strata manager that you would like them to do this.
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.
@OverIt said:
1. As the successful applicant, can I do this?Yes you can.
2. Do I have to go through the mediation process again?. We are unable to be in the same room together and our previous mediations have been in separate rooms.
s.162 doesn’t require the mediation process.
3. Given the slowness of applications in the CTTT and probably the new NCAT how long before the expiration of the current SM’s compulsory appointment should I put in my application?
Situation’s could change, I will be applying for 12 months on the scheme I live in, and two months before expiry requesting another 12 months extension. It seems to me you have enough evidence that warrants a s.162.
The reason I say situations change, you might want to sell and need clean books, or the other owner sells, and you have a period with the new owners that works.
Thank you for the information.
@JimmyT said:
I am reliably informed that strata managers frequently apply for an extension of their statutory appointment on the grounds that the problem that required their appointment hasn’t gone away nor has it substantially diminished (i.e. the same people who caused the problem are still there). This is usually allowed as a matter of course. There would be no harm in telling your strata manager that you would like them to do this.I wonder on which ground they do so. Because, section 162(7) sets out those who have standing to make an application under that section. The subsection does not specify that a strata managing agent has such standing.
I guess, then, an extension would be made on application under s 171. By ss (3): “any other person who is required by the original order to do or refrain from doing a specified act” can make an application under that section. I guess a currently appointed compulsory strata managing agent falls into the proposed class of persons under that subsection so as to enable it to make an application under that section.
OverIt said
The reason I say situations change, you might want to sell and need clean books, or the other owner sells, and you have a period with the new owners that works.
How do you get clean books?
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