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Hi All,
Our scheme has 67 units. 5 of those units are in breach of Section 65A. We have instructed our SM over the past 2 years to act upon these breaches and nothing has been done.
This inaction along with many many other inactions by the SM has led the EC to move to replace the SM. We have informed the SM in writing that their agreement would terminate in 3 months. In the meantime however it now appears that the inaction against recalcitrants by that SM has resulted in that SM gaining the support of those recalcitrants to be reappointed as SM.
How do we stop these recalcitrants regardless of who is SM that they (the recalcitrants) are in breach and they need to adhere to the rules or face penalties.
Regards,
David
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The simplest answer to this is to stop going through your strata manager and take matters directly to Fair Trading and then NCAT on the Section 56A breaches..
You need to apply for mediation at fair Trading, in each separate case, using this form.
Then you need to seek orders at NCAT, using this form. Since 65A is a breach of strata law rather than a breach of by-laws, you would not issue a Notice To Comply.
If you have already identified a strata manager that you wish to employ, they should advise you on this (although they can’t really act for you).
Meanwhile, take a complaint for unprofessional behaviour against your current manager to Fair Trading.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
@davidp said:
Is it a requirement that action in the NCAT against 65A breaches need to be approved at a general meeting or should a SM automatically seek that course of action?I think you would be seeking orders under the catch-all Section 138: To resolve a dispute or complaint about an exercise of, or a failure to exercise, a function conferred or imposed by or under this Act or the by-laws in relation to a strata scheme.
or
To resolve dispute or complaint about the operation, administration or management of a strata scheme under this Act.
Anyone can apply so you don’t need a general meeting, but a simple decision by the EC can move this forward unless there are large legal costs involved, in which case it needs to go to a General Meeting.
Strata Managers don’t do anything “automatically” unless it is specified in their contracts (like issuing levy notices). They have to be instructed by the EC to take any action that doesn’t fall under their normal duties.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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