Flat Chat Strata Forum Strata Committees Current Page

  • This topic has 3 replies, 3 voices, and was last updated 2 years ago by .
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  • #61547
    Stratanaive
    Flatchatter

      NSW. small bloc of units from over 40 yrs built and needing much work. We have a dysfunctional strata committee. Such a long story of hostilities over years ++, with resignations over time leaving only 4 Strata Committee members willing to stand their ground against an agitator that makes the committee unable to function to perform required works. Currently NCAT has been filed by this 1 member. I see no future for this committee, we are exhausted. I cannot see any other volunteers to join the SC leaving this agitator with the keys to the spending kingdom. My question: how does administration work ? Any advice if this is the direction to take ? Thankyou

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    • #61580
      Jimmy-T
      Keymaster

        Compulsory management (which is what I assume you mean by “administration”) is one of those “be careful what you wish for” options. Satutory managers don’t have to consult the committee or the owners.  They do tend to do things by the book and there have even been allegations of them getting work done at inflated costs by their mates.

        A less radical alternative would be to petition NCAT under Section 238 (below) to have this owner permanently removed from the committee.  I’m not sure what the burden of evidence for this would be but if you could put togehter a convincing case, with supporting evidence, testimony and stat decs, it might be worth a shot.

        In any case the first step would be mediation where the agitator might get a sense that his days were numbered and start to behave.

        If you do go down the route of removal of the offending owner from the committee, as I said before, the bar is quite high.  I could only find a couple of cases where this was attempted and both failed.  In this case (https://www.caselaw.nsw.gov.au/decision/17d6edc72ea4f562136fcef9) the tribunal appointed a strata manager for a year, just to break the cycle of conflict, and didn’t rule on the S. 238 application as the targetted member had already left the committee.

        I think the critical factor would be if you could prove that the agitator “engaged in serious misconduct”, especially if you could show how that was a barrier to the smooth running of the strata scheme.  If you can show that it had financial implications, so much the better.

         

        238   Orders relating to strata committee and officers

        (1)  The Tribunal may, on its own motion or on application by an interested person, make any of the following orders—

        (a)  an order removing a person from a strata committee,

        (b)  an order prohibiting a strata committee from determining a specified matter and requiring the matter to be determined by resolution of the owners corporation,

        (c)  an order removing one or more of the officers of an owners corporation from office and from the strata committee.

        (2)  Without limiting the grounds on which the Tribunal may order the removal from office of a person, the Tribunal may remove a person if it is satisfied that the person has—

        (a)  failed to comply with this Act or the regulations or the by-laws of the strata scheme, or

        (b)  failed to exercise due care and diligence, or engaged in serious misconduct, while holding the office.

        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.
        #61589
        kaindub
        Flatchatter

          You don’t mention whether you currently have a strata manager.

          The right strata manager can work wonders in the case of the neighbour from hell.

          If currently you do not have a strata manager, select a suitable candidate, organise a general meeting and have your selection voted in.

          Make sure you lobby enough other owners to ensure your motion gets approved.

          Its better than a compulsory strata manager being installed

          #61595
          Jimmy-T
          Keymaster

            The right strata manager can work wonders in the case of the neighbour from hell.

            Agreed, 100 per cent. If you have a strata manager and they are from a large company, ask the company bosses if they can appoint someone who’s more of a trouble-shooter/head-kicker until this is resolved.

            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.
            • This reply was modified 2 years ago by .
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