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Our OC suffered under a compulsory strata appointment for five years and want to ensure that others are not left financially crippled due to the abuse of power by compulsorily appointed strata managers. The facts are in my case and should be compulsory reading for anyone about to enter the strata sphere:
In Xabregas v The Owners – Strata Plan No 79205; Moallem v Consumer Trader & Tenancy Tribunal (No 2), White J made a personal costs order against the strata manager for instructing a lawyer to institute proceedings without reasonable prospect of success. No costs order was made against OC’s strata lawyer. In his judgment, White J emphasised the high responsibility of a strata manager appointed under section 162 of the Strata Schemes Management Act 1996 (NSW).
I would like to hear from others that have suffered under compulsory appointment as we are a group who see the need for the law to change and even compensation for the OC’s that have suffered to-date. Any suggestions/comments welcome.
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I have a lulu who reappointed herself after being appointed for one year only. In the throes of getting rid of and having another appointed to manage a two lot scheme which hadn’t had any kind of meeting for twenty years. It has been manipulated by a person who has been grossly negligent in her duties and responsibilities to the Strata Act. These people should be charged in court with gross negligence and corruption.
I have another one. We had an AGM….. Strata Management contract was supposed to be attached to Agenda – was not. Meeting of owners voted for what they thought was 1 year contract (no one had seen management contract) as this had been said at meeting as a motion was put forward to not renew 3 yr contract. After the AGM the new Secretary asked for copy of contract and was told it had already been signed !! by previous Treasurer and Previous President. These 2 were no longer holding those positions and contract was for 3 years !!!! Our problem is that Strata Manager and most of people in the office are friends with committee and residents.
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