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Strata living has many issues including
Owner ignorance as to the ‘rules’ of strata.
NCAT outcomes which reduce the Act to being incomprehensible to the average strata owner.
Parliamentary apathy when it comes to needed reform.
On top of all that there is Fair TradingSay you are an owner and you have issue with the competency of your state licensed agent, licensed after receiving state approved training.
Say you make a complaint to FT about the competency of your agent in an attempt to get what Fair Trading call re-education to address the competency issues.You get a reply like this
Dear *******
Reference is made to your correspondence received regarding motions at your annual general meeting and your strata managing agent.The Strata Schemes Management Act is designed to help strata schemes run effectively and the owners corporation, as a collective body of owners, have the principal responsibility for the overall administration, management and decision making of a strata scheme. The owners decide collectively how best to manage the property that they share.
If you have concerns regarding the performance of your managing agent you may raise these concerns with the secretary of the strata committee. You can also write to the secretary or managing agent & request that a motion be added to the agenda of the next general meeting.
If the owners corporation has issues with its managing agent regarding their performance, it may wish to consider terminating the agents services. Such termination requires the owners corporations consent by majority vote at a general meeting & must be subject to the terms of the agreement.
Alternatively, an owners corporation may wish to consider the option of applying mediation with the managing agent. The decision may be authorised by majority vote of the strata committee on the owners corporations behalf, or by majority vote of the owners.
If an attempt at mediation is unsuccessful, parties may apply to the NSW Civil & Administrative Tribunal (NCAT) for an order. NCAT may make orders regarding a managing agent that include termination &/or requiring the payment of compensation.
NCAT may make the orders on grounds that include the managing agent has refused or failed to perform the agreement or has performed it unsatisfactorily.
Furthermore if you disagree with the motions raised and passed at your agm, Section 24 the Act provides that the tribunal may on application by an owner of a lot in a strata scheme, make an order invalidating any resolution of, or election held by, the persons present at a meeting of the owners corporation if the Tribunal considers that the provisions of this Act or the regulations have not been complied with in relation to the meeting.
The Tribunal may refuse to make an order under this section only if it considers that the failure to comply with the provisions of this Act or the regulations, did not adversely affect any person, and that compliance with the provisions would not have resulted in a failure to pass the resolution or affected the result of the election.
You must apply for meditation before lodging an application NCAT. Fair Trading provides a specialist mediation service for addressing unresolved strata disputes & issues. Mediation is a structured negotiation process in which a neutral & independent mediator assists parties to achieve a resolution.
Information including the online application form for strata mediation is available at https://www.fairtrading.nsw.gov.au/help-centre/online-tools/apply-for-strata-mediation
I trust this information is of assistance to you.
Yours Sincerely
Alison – Real Estate & Property teamIssues Resolution & Advisory ServicesNSW Fair Trading | Department of Customer Service
How does any of that assist a state trained and licensed agent address his/her not competent nature?
Could FT be of any less assistance?
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