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  • #65000
    The Hood
    Flatchatter

      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 Trading

      Say 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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    • #65009
      Jimmy-T
      Keymaster

        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.

        What did you hope the response might have been, given that you are one owner complaining about a strata manager?

        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.
        #65014
        TrulEConcerned
        Flatchatter

          Your point of an agent’s competency sounds reasonable.

          Unfortunately, I do not think your definition of “competency” or mine or for that matter, Jimmy’s is key.

          For an allegation to have legs, what is key is whether an agent has breached the terms of his/her license and/or the condition(s) of the Act(s) under which he/she operates.

          Some months ago I sought mediation against an agent as I felt the strata agent was breaching the Act under which his conduct is governed. I think it is the Stock & Stations Act. I alleged he was not acting “honestly”. The Act requires such behaviour.

          My application was rejected by “Strata Mediation” (hence it never got aired in Mediation let alone getting anywhere near NCAT) because strata mediation said that in my situation “the agent merely did as he was told by those who run the committee and if there is any blame to go around, he is not liable”.

          In my experience – for what it’s worth – for blame to be assigned to an agent he/she must be breaching an Act  in a manner other than acting at the behest of or under the instructions of the strata committee or OC. That is to say, an alleged breach by an agent when acting as he is instructed would seem to absolve the agent of liability. The liability if it exists, lies at the feet of the OC. This would require an application (by you) for Mediation against the OC or against the Strata Committee or against the Strata Committee members (personally).

          A separate issue you raise – which I believe has merit – is whether you consider the agent’s legislated seemingly “get out of jail free” card to be a slap in the face to lot owners and that the relevant act(s) regulating an agent’s conduct be renovated by holding an agent to a far, far higher standard, with significant penalties to be imposed for breaches.

           

          #65130
          The Hood
          Flatchatter
          Chat-starter

            I was hoping for some re-education of the agent. FT have done that in the past on some other issues.
            Honestly, I do not expect anything positive from FT when i raise issues.
            The vast majority of complaints from people are just busy work for some public servant who sends out empty information that does nothing to make the strata management sector any better.

            As TrulEConcerned writes “agent’s legislated seemingly “get out of jail free” card to be a slap in the face to lot owners and that the relevant act(s) regulating an agent’s conduct be renovated by holding an agent to a far, far higher standard, with significant penalties to be imposed for breaches.”

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