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Surprisingly, when I came onto Flat Chat today, the topic of “How can we get a Royal Commission into strata managers” came up, as a recent topic, which started in 2019.
I have in the recent 6 months had issues with 2 different Strata Mangers (and Committee members) who have not acted appropriately, and in the best interests of the Owners Corporation. The first cost that strata about $60k unnecessarily, and the people involved are still in place and unaffected.
Regretfully, the other Lot owners did not want to be involved. The second involved a former owner (and for a short time a Committee member), now a tenant (had to sell), who at 66yrs with only a primary school education, a very low IQ, and with great difficulty reading and writing as he suffers from dyslexia, was being picked on by the committee members (facilitated by the S/Mgr) in relation to his trailer being parked on common property.
They took him to Fair Trading mediation & when that was unsuccessful, the matter was listed with NCAT for a hearing (this month). That matter was withdrawn after I stepped in and assisted, by seeking information on his behalf from the S/Mgr, which showed there was actually no case, proper procedures were not followed, and the involvement of the S/Mgr & the licensee not consistent with the NSW Act.
The fellow wants the matter raised with the Minister, (considers the action was taken out of spite, for him exposing the committee’s & S/Mgr’s irregularities in the past) and has approached the local state MP, who’s staff are preparing a letter for the Minister (which I will get a chance to assist with). Maybe there will be a result, but most likely will be thwarted by bureaucrats.
Having read the other messages on this topic I agree with all responders that nothing will be done, BUT ONLY IF YOU DO NOT TRY TO FIX THE PROBLEMS. Its amazing if you resolve to do something and persist, you often will get a result.
May I suggest that Jimmy Thompson, (should he be willing) arrange a meeting of Flat Chat members who have an interest in getting change effected, and want to turn the heat up on this issue, AND for those willing (with their own verifiable accounts of problems) to approach the media (preferably TV) to see if an expose can be run. Maybe no Royal Commission, but change is possible if the political pressure ramps up through media .
I certainly would be willing to be involved. Persistence, it appears, does get results.
This question relates to NCAT:
There is an application on foot to remove all committee members for not acting appropriately in their capacity as a committee member.. The NCAT directions hearing is shortly. It appears that the strata manager has come up with a brilliant scheme to call an EGM and get them all to stand down, to be replaced by a “friendly owner” who will serve as the committee member for a couple of months until the AGM is due. The understanding is that as the resigning committee members at the time of the hearing will not be committee members and so they cannot be removed, because they are no longer committee members, and so the case falls over. The understanding is that at the next AGM they will be re-elected to the committee, and continue as usual. I am advised, the case will not be able to be re-commenced. Its clearly a scheme aimed to defeat an action from proceeding.
The S/Manager has become “creative” in trying to protect these people.
Has anyone any thoughts on the matter?
I have read Whales Response to weemac47 and looked at Regulation 31.
It appears to me that virtually every accessible external window above 2Mtrs above ground level that can open is required to have such a device fitted. (All toilet / laundry windows appear to be 1.62M (standard) above the internal floor level and so are caught by the 1.70M level requirement).
Our Strata is currently looking at this issue and it appears that even kitchen and Lounge windows which open on to a balcony (enclosed or not) will need to be fitted with them. Is that interpretation correct? If so it seems a little of an over kill, with virtually every window opening restricted to 12.5CM.
Our Strata Manager provided a quote from a company who will do the installation of a specific type of keyed lock “on a cable” (capable of taking a force of >250Newtons), which our EC considered was a real rip-off ($5.6k for 18 units) , plus extra charges for collecting keys to access units / call back fee if no-one present when time arranged. (The locks specified can be purchased for $20 reach on E-Bay).
I understand that locking devices that can be made up by Locksmiths and capable of being installed by EC Members / Handyman, however the issue of being capable of resisting the 250 Newtons (26Kg/56Lbs) pressure needs to be considered and overcome. (Maybe an Engineers certificate).
Whale – is there any chance that this matter might be discussed at the Panel (organised by Strata Community Aust) to review Legislation Jimmy T will chair this weekend (April 30)?
Any comments on the above would be welcome. (Winston)