Flat Chat Strata Forum The Professionals Current Page

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  • #7178
    Anonymous

      I am the Secretary & Treasurer of a 27 Lot Self-Managed Plan, and am astounded by the poor relationship that exists between Real Estate Agents (Property Managers) and anything to do with Strata Management.

      My current issue is with one individual who, as both a Licensee and Property Manager simply refuses to provide our Owners Corporation (O/C) with a S119 Notification!

      This particular Lot has had previous problems with water leaks (a dishwasher, a hotwater tank, and a shower tray) and in each instance those leaks have impacted upon other Lots, and on the last two occasions the O/C has had to depend upon the tenant for access because we couldn't ascertain who the property manager was.

      In despiration, the O/C  lodged a Complaint with the NSW Office of Fair Trading who, after 6 weeks, wrote to advise that this Licensed Person is in breach of both S119 of the NSW Strata Schemes Management Act and the NSW Property Stcock and Station Agents Act (knowledge of the Act).

      And so?

      Answer … nothing!

      Fair Trading's Services Division has on more than one occasion asked this Licensee to provide the O/C with the S119 Notification, but cannot enforce or compel anyone in breach to do anything; so they haven't.

      Fair Trading suggested the O/C lodge a further Form requesting that “Orders” to provide the S119 Notification be imposed upon this Licensee.

      Problem is, on reading the Form it's clear that as the O/C has not engaged this Licensee to provide a service that has not been provided, or purchased a product that's faulty, we cannot request that Orders be made; simply we are not a “customer” or “consumer” of this Licensee.

      So Fair Trading's Services Division passed the problem to their Enforcement and Compliance Division, and so the saga has progressed – still with no resolution and no S119 Notification from this Licensee.

      Has anyone else experienced similar problems, or do most Strata Managers just ignore the S119 Notification and let Property Managers do as they choose (in most cases, that's not much)?

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    • #12318
      Anonymous

        Dear Whale

        Simply have nothing to do with them – if they ask for a repair etc then refuse until they provide the s119 – I bet you get the 119 within 1 hour, if they refuse let them take you to the CTTT – most dont know how to anyway. This issue is symptomatic of the real estate industry, most property managers stuggle with reading and writing never mind the basic understanding of the Strata Schemes Management Act and their responsiblities. Additioanlly, inform the Lot owner too that their Agent is not looking after their interests.

        Might be worth looking at getting a good Strata Manager who can do these things for you.

         

        Wim

        #12324
        Whale
        Flatchatter

          Thanks Wim,

          We did employ a Strata Manager a few years ago, but found that they just couldn't devote the time to our Plan that we expected, and their Staff simply agreed to repairs to so-called Common Property items that simply weren't the O/C's responsibility – like repairs to leaking pipes inside internal walls and clearing sewer blockages in pipes that only serviced the Lot who's residents blocked them.

          It's unfair to keep tradespeople waiting for their payment whilst the Strata Manager tries to negotiate with a Proprietor who dosen't want to pay for work that has already been done without any prior advice to them.

          So in the end, a special resolution at an AGM saw the end of the O/C's Agreement with the Strata Manager, and a decision to let me take it on because I'm cheap (read free), and unlike our Strata Manager I have only one Plan to worry about!

          Back to the S119 Notification, we're currently awaiting action by the NSW Office of Fair Trading's Compliance and Enforcement Division, and as they have advised that they won't necessarily advise the O/C of their activities or the outcome of those, we've written to the Minister responsible with a request that her Office intervenes, at least so we know what's being done with regard to the Licensee's non compliance.
          Honestly, I don't know what purpose is served by the NSW OFT, but it's clear that Real Estate Licensees have no fear of them.

          Your idea about letting the Proprietor concerned know about the issues is a good one, which I'll persue, although I fear that like many Proprietors he'll just expect his Property Manager to keep a paying bum in his bed, and nothing more.

          I'll post the outcome of all this though.

          Cheers.

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