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This post found its way into an old thread about holding a Royal Commission into strata managers. This is about the workings of NCAT, so I have re-posted it here. A little more care in posting responses from the thread that you want to contribute to, rather than the one you’re on when inspiration strikes, would help. If anyone knows where it should be, I’ll move it again – JT
Education of owners and tenants is a long process. And, from proven experience, most people expect to be “lead by someone else” not “to lead themselves”.
Expecting democracy to work requires high levels of ethical behaviour and knowledge. That is where good laws and their enforcement come into play.
We can, with 100% show the “workaround” how to win case if one is a Respondent at NCAT each and every time (precedents in jurisprudence). The trick was successfully tested in two CTTT/NCAT cases, and in spite of being completely erratic and flawed, it can certainly be quoted in any new case. If anyone wants the short details, just say so. It is worth sharing information how NCAT operates.
There is already a petition for royal commission:
https://www.change.org/p/we-want-royal-commission-into-the-administration-of-civil-law-in-nsw
Putting aside slow-acting Fair Trading NSW and NCAT, there are some simple ways for efficient self-governing in strata complexes. Here is a submission to Strata Information Focus Group in 2021 – “trust through verification”:
Many parties recognise that NSW strata laws and civil law administration are problematic:
https://www.alexgreenwich.com/strata_committees_pms
… and much more.
- This topic was modified 2 years, 10 months ago by .
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Hi fchat56,
As a Respondent, I’d greatly appreciate your “workaround” for my upcoming NCAT hearing – please do share.
Many thanks
MargotNCAT is in serious need of a royal commission. And the new Minister is not interested in hearing all the bullying and misconduct that goes on in strata. The 139 recommendations from the strata reform do little to address any of the real day to day issues that strata owners experience. The entire system is broken, and the government don’t seem concerned that this impacts thousands of owners
I don’t disagree but when you look at the criteria for establishing Royal Commissions in the past – obvious abuses and continuing public displeasure – I don’t think we’d get one. The abuses aren’t obvious to anyone but the people suffering them and the majority of people don’t give a damn.
However, there is an election just over a year away and if you can get enough supporters, you could register a Strata Party (hey, if Shooters and Fishers can do it …) and get someone into the Upper House to cause a stir.
BTW, I was asked many years ago if I would be interested in running as the leader of a new Strata Party but the proposer and I disagreed on the first item of policy that came up. Bullet dodged.
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.
I know saying that NCAT needs reform is preaching to the converted, but it highlights how the current batch of reforms to the Strata Schemes Management Act 2015 is just tinkering around the edges.
The reality is that Strata Committees and Strata Managers can ride roughshod over the wishes of owners using well established tricks to avoid transparency – unhelpful access to records, paper EGM’s sprung at short notice, owner motions ruled out of order, First AGM’s with BM and SM contracts pushed through bemused owners etc – and the only recourse that owners have is to NCAT. Few owner applicants to NCAT would have got any satisfaction even if they had the stamina for the waiting and process.
We need to rethink reform of the Strata Schemes Management Act, not in terms of what strata committees and owners corporations will permit, but rather around what practical protection and recourse it can provide for strata owners where transparency is lacking or process abused. In practice a “You can take it to NCAT” response will never be adequate.
John Hutchinson
m: 0418 797470 e: john.hutchinson@strataanswers.com.auS T R A T A A N S W E R S PTY LTD practical solutions for strata living
abn 11 600 590 083
http://www.strataanswers.com.auI have removed a number of posts from this thread because they were misrepresenting who they were from, contained a link to a highly defamatory “article”, seemed to involve a “phishing” exercise, falsely purported to have independent verification (it was the same poster) and didn’t make sense. This discussion is now closed.
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.
- This reply was modified 2 years, 1 month ago by .
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