Orders by adjudicators

@scotlandx said:
No, they don’t.  They rely entirely on the written submissions. I don’t think making a sound decision is a priority for some of them.

Scotty is right.  The adjudicators look only at the material they are given, meaning your claim is often a test of whether or not you have done your homework properly, rather than if you have  a valid case. 

There is some talk of NCAT providing claimant “advocates” to make sure that everyone has provided all the documents they need.  They are alos supposed to start preselecting cases that will probably go to tribunal anyway, because the losing party is almost certain to appeal, thereby cutting out an unnecessary step.  

I am yet to encounter any evidence that any of this is actually happening but it would have to be better than the box-ticking process that occurs at present.

Section 71 – the SM sounds like a bit of a nong.  Section 71 is clear, you don’t mix the sinking and admin funds.  It is not industry practice.

You could say to a magistrate oh well I know I was driving over the limit, but lots of people do it, so it must be ok.

If a scheme is regularly breaching section 71 it would be a factor you could raise in any application regarding failure to manage a scheme.  One consideration is it indicates the scheme is failing to budget properly.  Admin costs are fairly static so it is a simple exercise to estimate required funds for a year.

Agency agreement – usually agreements will have a rollover clause which provides something along the lines of it continuing unless the OC terminates it once the initial term has expired.  There are a number of ways it can continue, e.g. for another term of three years, then successive three year periods.  Have you checked the specific terms of the original agreement?

A couple of things:

– the strata manager isn’t going to bring up renewal of the agreement if it automatically rolls over.  It is up to the OC to be vigilant and take steps to change the manager if they want to, which would require some work a few months before expiry.

– I am not sure why you abstained on the motion in relation to the budget.  If I were in that position I would have voted against and requested that the reasons for my objection be specifically noted in the minutes – that way you have it on record.  An abstention is a waste of your vote in those circumstances.

Strata can be difficult – for the first five or six years I was in my present place I was abused, insulted and at certain points almost reduced to tears.  Amongst other things I have gotten rid of 4 incompetent strata managers.  I won’t go into the details of all the other dramas we have had, but believe me it has been very stressful at times.  But I have no intention of going anywhere.  Ultimately it is your choice.