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Topic
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In making an application for the appointment of a compulsory strata manager do we just ask for orders under s237 or do we also need to ask for orders under other sections (eg s232) to deal with each of the reasons for compulsory administration? eg. Use of OC funds for personal benefit, mates-rates levies, illegal renovations, no meetings.
Or is this something which the future compulsory strata manager can indicate in their terms of compulsory appointment to be submitted to NCAT?
Thanks!
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A few years ago I applied in NSW for compulsory strata mgt.
I recall applying under s. 237 and s. 232 with the attitude that if NCAT believes that orders I sought under s. 232 were superfluous, either staff would tell me when I filed the papers or the Member at the hearing would tell me.
What helped and will help you is if you – BEFORE FILING WITH NCAT – can identify a strata managing agent happy to take on compulsory strata mgt. If so, get him to send you his proposal which should:
1. Include a letter from him addressed to NCAT informing that his firm is happy to take on the role for a term of 1 year (this can no doubt be extended); and
2. His contract detailing the terms ie cost etc of the compulsory appointment.
Include those papers with your documents when you file at NCAT.
Note: many applicants assume that if they seek a compulsory manager then NCAT will pick a compulsory strata mgr for them. I don’t know how common an approach that is, but do know that if the applicant identifies a strata mgr and includes the papers listed above in the filing, then it’ll be straight forward for NCAT to order that particular strata firm if NCAT makes a s. 237 order.
My observation for what it’s worth: Do not assume that NCAT will hand down an order under s. 237. In my case NCAT did not, citing that to do so “is a very big deal and is the exception and not the rule” when an applicant comes seeking it. NCAT seems to want matters sorted out b/w the warring parties in a civilised if not amicable manner (no matter how long it takes) rather than hit the nuclear option of s. 237.
Just my 2c.
Dear Paradise
before a compulsory strata manager is appointed , you have to prove your case.
I note in your question you mention a number of issues which seem to relate to the administration.
You would need to list every single indiscretion and prove that there was some maladministration. Hear say will not win the case.
And remember that just because you dont like the way things are done, does not make them illegal.
You would also need to provide evidence where you have pointed out this maladministration to the OC/committee/strata manager, and to have their responses (even non responses) Otherwise the tribunal will just tell you to sort it out, and if you cant sort it out come back another day.
Responses here are gold. Thanks. I recently asked a Forum question regarding seeking professional appointment of a manager to do what the owner’s committee most often always fails to do. My initial researching of adjudicator’s orders in Qld suggest it all takes a while, and they will seek the input of all lot owners for input. And that might make it harder to get your favorable outcome due to owners not bothered by the current mess, or not convinced anything will change, or if it does the cost benefit won’t be understood. And I imagine the ‘couldn’t be bother to reply’ number would also not help the cause. That said, there are things the committee must by law undertake so it might at least ensure these items finally get done. Anyways, thanks for your thoughts.
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