Forum Replies Created
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Replies
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At Griffith University Strata International Forums – 2007-2009 – NSW was said to have the best strata system/legislation in the WORLD!!
Western Australia was held to have the best Tribunal procedure… run strictly by a very competent South African manager…. parties to appear every two weeks until the matter resolved…Queensland had the best pre-contract disclosure to prospective purchasers…Victoria the worst strata law…NSW, however, has ALWAYS had diabolical problems with enforcement of its legislation… via the CTTT/NCAT, etc. – nepotism – amongst its staff/etc. and with the public, etc.The Forums also made it very clear that it was NOT necessary to have one single neurone for a person to become a committee member, not necessary to speak English, nor was it necessary to be in Australia…NO matter what the gurus do to the legislation, it has never been the real problem…. Enforcement always has… as with so many other courts/etc…Not to mention education of tribunal/court staff, etc. etc.The balance of power is in the wrong hands…. so little protection for strata owners…. PLUS… we have ALL lost so many of our consumer, police, human rights… because of this strata mechanism for bullying control/ignorance/fraud…Beware ‘shared’ strata searches of the public files.
I hear that maybe half strata searches are carried out by uni=students wanting to earn extra money… so reciter to carry out these 30-45min searches … without training etc.
Our latest sale relied on a ‘share’ strata search… paid for by the selling agent
and given to all interested parties at the same time as the contract.Pity it was about 70/80% wrong/inaccurate… Huge gaps on the pro-forma set
form… Most missing items, i.e,. asbestos, etc. omitted altogether… but not pressed for by the searcher, etc… just left blank…The building was said to have been built in 1981… instead of 1912!!! Hopeless…
I am still pressing the NSW Law Society to improve the disclosure standards for its strata Contract of Sale/Purchase… Strata purchasers are lambs led to the slaughter… Yet the govt. expects 4 mill of us to live in strata/.community homes right now!!! while so many of our normal Human Rights are constantly being removed/concealed/omitted…
An very early statement said the unauthorised work was discovered when the unit was on the market, i.e. BEFORE settlement… Why did the EC/OC not take action immediately?
IF the unauthorised work is a basement… but maybe also a bathroom, WHY was
the local council not involved immediately- to issue a stop notice ? What about the plumbing/Public Health implications, etc.?
SSMA 1996 had a section which could make vendor and purchaser jointly liable, i.e. for unpaid levies, etc. The new SSMA states it incorporates much of the former strata act… Worth a look… Why should the corrupt vendor escape scot-free?
It would be interesting to find out if the workmen who carried out the illegal works were properly licensed, etc.?
SSMA 2015 allows for a claim for damages…