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Topic
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My Strata Manager keeps belittling me to owners, trades and service men as well as sending me offensive and untrue emails. is there anything I can do about this?
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Ziggy – The SSMA 2015 only allows for Owners Corporations (i.e. not an individual owner) to enter into a dispute with a Strata Manager via the Act’s dispute resolution process.
However, there may be another avenue for you to lodge a complaint about the SM’s ‘conduct’ issues. Below is an extract from the Office of Fair Trading site:
“The conduct of strata managing agents is governed by the Property, Stock and Business Agents Act 2002, which Fair Trading regulates.
You can lodge a complaint about matters concerning the conduct of an agent on the Fair Trading website.”
You can enter the site via the embedded link.
The code of conduct for the SM is contained within Division 6 of the PSBA 2002:
Division 6 Unjust conduct by licensees
53A Interpretation
(1) For the purposes of this Division, conduct of a licensee is unjust if it is
conduct:
(a) that is dishonest or unfair, or
(b) that consists of anything done, or omitted to be done, in breach of
contract, whether or not proceedings in respect of the breach have
been brought, or
(c) that consists of the contravention of this Act or the regulations or
any other enactment administered by the Minister, or
(d) that consists of the failure to comply with a condition or
restriction to which the licence is subject or an order of the
Tribunal applicable to the holder.Ziggy, remember to have the evidence or any action will fail and possibly backfire. Keep emails, records of phone calls, supporting evidence from witnesses etc will all be helpful to any case you may bring.
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