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Thank you Kaindub. Why I want to invoke s 57 us that there were no strata committee minutes approving such payments and yes, agent is delegated full responsibility per his strata agency agreement. He has always been complicit with the owners to entrench his role. Therefore, owners can plead that they relied on agent for his expertise and that the agency did that. Hence would you think that the agent is liable in the first instance? Thanks.
21/06/2020 at 9:31 am in reply to: Are there by-laws for transparency, probity and governance? #50589Agree with you Jimmy, enforcement is always difficult. I am going through this right now with respect to how I can bring proper governance in my own strata plan. Compulsory strata mgt is fraught. Another possible way is to remove SC members – hence my query in another post as to how successful that has been for others.
20/06/2020 at 5:23 pm in reply to: Are there by-laws for transparency, probity and governance? #50579When you read the Strata Schemes Mgt Act, there are various provisions for proper governance such as acting fairly for all owners. You can also inspect the books under ss 182 and 183. The other thing is to ring up the OFT who can give you advice.
They have to go through your agent/landlord and the latter has to give you the requisite notice if it is not an emergency. This is straightforward and you don’t have to let them in if proper notice is not served. They would be wise to get your consent as you have the right to privacy.
I read and agree with your post/proposal Jimmy. It would make things a lot more efficient and reduce the pain having those 3 people preside and make decisions.
Most NCAT members have not resided in strata and some of the decisions are questionable. The whole process of getting any justice is lengthy, costly and terribly stressful. Perhaps one way is to petition NSW Parliament to have the law changed. Send your proposal, with the collective backing of members here. Your forums show how screwed up this whole OFT-NCAT process is. I can assist here and please feel free to drop me a message if you like.
I understand that the OCN is onboard with this, and there are lots of talk about having a Strata Commissioner? One MP is Alex Greenwich – I saw a post by him and it’s here:
https://www.alexgreenwich.com/strata_committees_pms
20/07/2018 at 3:04 pm in reply to: Rogue Chairman and Strata Manager ignoring my correspondence #30005Frustrated NS, can you share the outcome of your issues please?
Inconsistent decisions. Some adjudicators do their level best to dismiss an application, rather than diligently make a decision. It is supposed to be an alternative dispute resolution process but most of the time, you need to employ a lawyer so that your application will be taken seriously. Otherwise, adjudicators will find some technicality to dismiss an application across their desks. What a joke!
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