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  • #8918
    ccgirl
    Flatchatter

      As a result of some planned plumbing maintenance we recently had to arrange access to the majority of the units in our block.

      As usual we instructed our Strata Manager to arrange it. They made a total stuff up of it resulting in in owners and tenants staying home all day but the plumber was not informed of the arrangements by the Strata Manager. As you would expect a lot of unhappy residents and we as the Executive Committee made sure that the Strata Manager knew we were not happy.

      As a result of the dressing down the Strata Manager wrote to the Executive Committee and said we could organise it ourselves and without further consultation issued a letter to all residents giving the secretary’s name and phone number and told everyone to contact her.

      Obviously changing the Strata Manager is a long term solution, but what can be done in the short term?

      1. Is this legal/ethical for them to do this?
      2. Can we insist that the Strata Manager do the arranging on behalf of the Executive Committee?
      3. Is there any action we can take through Fair trading or industry body?
    Viewing 5 replies - 1 through 5 (of 5 total)
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    • #18921
      kiwipaul
      Flatchatter

        @ccgirl said:

        Obviously changing the Strata Manager is a long term solution, but what can be done in the short term?

        Why is changing your SM a long term solution, speak to a few SM and get them to give you a quote for taking over the job. A simple majority at a GM or AGM to accept a new SM is all that is required (check contract details of current SM).

        As for the work get someone on the EC to obtain quotes and vote to accept whichever is best, advise all residents that the plumber is coming on x day and tell the SM to pay the bill when it is presented.

        #18923
        Whale
        Flatchatter

          ccgirl – further to KP’s post, I support his advice that your Executive Committee should first check the “contract  details”, because not only will that Strata Management Agency Agreement (in NSW) between your Owners Corporation (O/C) and its current Strata Manager detail if they’re required to arrange site inspections such as the one by the plumber, but it will also detail the circumstances under which that Agreement may be mutually terminated; usually with three (3) months written notice.

          That will answer your question about the legality / ethics of what the Strata Manager has done with regard to delegating the task to the Executive Committee (E/C), and also your second question about the E/C insisting that the Strata Manager do the job that they’ve (maybe) been contracted to do.

          In NSW both the Strata Manager’s activities and the operation of their Agreement with your O/C is governed by the provisions of the Property, Stock, and Business Agents Act (2002) and by a Code of Ethics developed by their peak industry body, Strata Community Australia (national), through whom your E/C can also lodge a complaint.

          A word of caution though. There is always two sides to a story, so before your E/C jumps into the deep end, it should just make sure that it’s appraised of all the facts, lest your O/C finds itself paying for a new Strata Manager and the current one, and also be in the middle of an otherwise unnecessary quagmire as one Strata Manager (slowly) hands-over all the O/C’s records to another.

          #18985
          sealion
          Flatchatter


            @Whale
            said:
            ccgirl – further to KP’s post, I support his advice that your Executive Committee should first check the “contract  details”, because not only will that Strata Management Agency Agreement (in NSW) between your Owners Corporation (O/C) and its current Strata Manager detail if they’re required to arrange site inspections such as the one by the plumber, but it will also detail the circumstances under which that Agreement may be mutually terminated; usually with three (3) months written notice.

            That will answer your question about the legality / ethics of what the Strata Manager has done with regard to delegating the task to the Executive Committee (E/C), and also your second question about the E/C insisting that the Strata Manager do the job that they’ve (maybe) been contracted to do.

            In NSW both the Strata Manager’s activities and the operation of their Agreement with your O/C is governed by the provisions of the Property, Stock, and Business Agents Act (2002) and by a Code of Ethics developed by their peak industry body, Strata Community Australia (national), through whom your E/C can also lodge a complaint.

            A word of caution though. There is always two sides to a story, so before your E/C jumps into the deep end, it should just make sure that it’s appraised of all the facts, lest your O/C finds itself paying for a new Strata Manager and the current one, and also be in the middle of an otherwise unnecessary quagmire as one Strata Manager (slowly) hands-over all the O/C’s records to another.

            Is it mandatory for a Strata Manager to be a member of Strata Community Australia? If not, then the E/C cannot lodge a complaint. 

            Part 12, 191 of the Property, Stock, and Business Agents Act (2002) states: “Disciplinary action under this Part can be taken against a person who is or was the holder of a licence or certificate of registration on any one or more of the following grounds:

             (c) the person has, in the course of carrying on business or exercising functions under the licence or certificate of registration (this includes Strata Managers) acted unlawfully, improperly, unfairly or incompetently.”  Fair Trading advised me they do not take complaints for customer service issues. I wonder what they consider improper, unfair or incompetent.

             

            #19416

            Obviously changing the Strata Manager is a long term solution, but what can be done in the short term?

            1. Is this legal/ethical for them to do this? Check the strata agreement, but it may have been better for you all to do it, as sometime the strata manager does mess things up.
            2. Can we insist that the Strata Manager do the arranging on behalf of the Executive Committee? Yes if you agree at the AGM or appropriate meeting
            3. Is there any action we can take through Fair trading or industry body?

            3. I am looking for answers to this very important question

            Changing a strata manager can be onerous and / or expensive. We (block of 15) have just changed strata managers and I am now looking forward to taking the previous strata managers to the tribunal to recover some of the losses that we have incurred in the past 2 years. I do not know every detail of the relevant legislation, but I do know that there is nothing in the Act that makes this task easy. It is so much in favour of the managing agents. For us the final straw was the fact that we had an unpaid electricity bill and a letter was sent to all residents that the electricity would be cut off in two weeks (from AGL)…….need I continue. Of course on the final week of the contract an invoice was raised for $967, for which we still have no explanation. The new managers are not cheap, but worth every cent.

             

            #19417
            Jimmy-T
            Keymaster

              @nekitel said:
              Is this legal/ethical for them to do this? Check the strata agreement, but it may have been better for you all to do it, as sometime the strata manager does mess things up.

              I think the question was whether or not it was legal or ethical for the strata manager to provide the name and address of the secretary and tell everyone to contact him/her.  I doubt very much if this was illegal but it’s certainly not cricket. That is a sure sign of a communications breakdown and a petty, vindictive strata manager 

              1. Is there any action we can take through Fair trading or industry body?  I am looking for answers to this very important question.

              The mighty Whale has already answered this, thus. 

              In NSW both the Strata Manager’s activities and the operation of their Agreement with your O/C is governed by the provisions of the Property, Stock, and Business Agents Act (2002) and by a Code of Ethics developed by their peak industry body, Strata Community Australia (national), through whom your E/C can also lodge a complaint. 

              But as Sealion pointed out, if they aren’t members of SCA*, there’s nothing that body can do.

              You’ll find Fair Trading’s regulations on strata managers HERE and links to lodging a complaint HERE.

              *If your strata manager isn’t a member of SCA, then you need to ask why? It’s like having a bus driver who doesn’t own a driving licence.

               

              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.
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