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Advice please!
I have an application for Adjudication with NCAT. My application was sent by NCAT to the managing agent. NCAT’s standard notification form cites “….The Owners Corporation must immediately serve a copy of the notice and application on each person shown on the strata roll.”
I have asked the managing agent when the application will be sent to all owners because it simply had not happened. His response was: “….We will deal with the application in accordance with instructions received from the executive committee.”
The executive committee, in practice, is a one man show. At the last AGM he had 11 proxy votes in a complex of 35.
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The buck stops with the EC. The managing agent should cover its arse by making sure it has advised the EC correctly. If the EC decides to not comply with NCAT procedures, then its arse is uncovered.
I always advocate talking to people if possible. I’d suggest asking the managing agent if they have had advice back from the EC. If not, ask the agent how long s/he would leave it before advising them that they have to comply. If s/he does not say s/he would advise, ask them if that is not risky, since the management company would be expected to provide expert advice. Perhaps talk to the manager’s boss.
Talk to other EC members. Ask what they have been told. If it is not very much sympathise that they seem to be being kept in the dark and explain that they are obliged to act in the interests of the OC, which includes complying with NCAT orders.
If you want something in writing after talking, tell them that you will send them an email summarising the conversation and asking them to confirm that you have understood correctly.
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