- This topic has 9 replies, 6 voices, and was last updated 1 year ago by .
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The Secretary of our executive committee is unhinged and is refusing to obtain quotes from our Strata Management Company for repairs needed on a failed retaining wall on my lot (which has been confirmed is common property).
I know that the owners corporation has a strict duty to repair and maintain the common property.
Can I go directly to the strata management company and bypass the Secretary? (They have previously advised they will only deal with the Secretary.)
How can I show that I have exhausted all my options?
I am cognisant that if someone injures themselves on the failed wall the SC will be on the hook.
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How can I show that I have exhausted all my options?
If you are in NSW and they have failed or refused to act for two months or more, then seek mediation at Fair Trading with a view to taking action at NCAT, seeking orders under a section 232 “failure to fulfil statutory duties”.
You might also suggest that if the strata manager doesn’t explain the facts of strata life to the chair, then you will also seek the appointment of a statutory manager under Section 238.
That should get their attention, at least.
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.
Jimmy is correct in listing the process, being making formal complaints.
Note even if you complain, it will be many weeks before the case is assigned to an officer at Fair Trading. Fair Trading’s clock starts to tick from when your complaint is received, so in my humble opinion, you have nothing to lose by complaining online ASAP.
Over the years I caught strata managers and committees napping and the only time they ever showed signs of life was when they heard that a complaint was filed.
1. Regarding complaining about a strata mgr – this can be done online – go to
https://www.nsw.gov.au/housing-and-construction/strata/strata-complaints
scroll to “2. Make a complaint”
click on “make a complaint”. Fill in the form.
2. Regarding complaining about a strata committee – this can also be done online and is considered as an “application for mediation” with the Owners’ Corp – go to
https://www.nsw.gov.au/housing-and-construction/strata/disputes#domediation
click on “online application form”
If you hear nothing in 10 days after filing online, chase Fair Trading up.
- This reply was modified 1 year, 4 months ago by .
The secretary may not be doing their job, but ultimately it is the committee collectively at fault. They as a whole or just some members may not have noticed the issue of concern or might be feeling exactly as you do. The job is required by law to be done correctly – and the committee is required to know this and act that way. Perhaps the speediest way to improve things, and to prove you have tried to right the ship should it come to adjudication further down the track, is to put a motion to your committee to vote on regarding this concern. Read up on this to get your words right and that it is actionable by the committee. They are required to vote on it within a reasonable timeframe, and you will get the problem fixed or the committee will show themself at fault. Either way, you are then ready for the next step.
Would this also apply to a boundary fence that needs repair?
Flame Tree, your suggestion that
Perhaps the speediest way to improve things, and to prove you have tried to right the ship should it come to adjudication further down the track, is to put a motion to your committee to vote on regarding this concern
is good in theory.
I was involved in one strata where the strata committee declined to list my R&M motion, presumably so they would never have to deal with it.
At the very least, limoncello should email the strata committee (say the chair and secretary) and CC to the agent. If they continue to ignore the matter, email again and after you email, immediately online apply for mediation.
May I suggest that you pony up to mediation as a good citizen and have with you at least one quote that you obtained for the work. If the OC does not attend mediation or does not come to a agreement with you, the mediator will indicate your right to proceed to NCAT. Which you should.
At the very least, limoncello should email the strata committee (say the chair and secretary) and CC to the agent. If they continue to ignore the matter, email again and after you email, immediately online apply for mediation.
May I suggest that you pony up to mediation as a good citizen and have with you at least one quote that you obtained for the work. If the OC does not attend mediation or does not come to a agreement with you, the mediator will indicate your right to proceed to NCAT. Which you should.
Hi. Are you referring to the mediation between the person and the strata committee?
In what time frame such mediation can be realised? And if the committee continues to ignore the mediator, what can be done?Thanks in advance.
In what time frame such mediation can be realised? And if the committee continues to ignore the mediator, what can be done?
Section 282 of the Act allows for two months for strata committees to respond to a complaint, so you could take that as a guideline.
If the committee refuses to act or runs down the clock, you can then take action at NCAT, seeking orders (which you couldn’t do before you’d attempted mediation.
By the way, Fair Trading mediators can’t issue orders or instructions – all they can do is facilitate agreements between owners.
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 1 year ago by .
In what time frame such mediation can be realised? And if the committee continues to ignore the mediator, what can be done?
Section 282 of the Act allows for two months for strata committees to respond to a complaint, so you could take that as a guideline.
If the committee refuses to act or runs down the clock, you can then take action at NCAT, seeking orders (which you couldn’t do before you’d attempted mediation.
By the way, Fair Trading mediators can’t issue orders or instructions – all they can do is facilitate agreements between owners.
Yes, that’s a great guideline and new opportunities, thank you.
From the time you file for mediation on NSW Fair Trading’s website, it takes many weeks, in my cases 2 months, for the matter to be heard by a mediator. As Jimmy correctly points out: mediators cannot issue instructions or orders. That said, in one of my cases, NCAT issued orders to the OC which were ignored.
I see nothing to lose by emailing the committee and agent and if say a week thereafter they do nothing or do not reply, then file for mediation. After you file, let the committee and agent know you filed. This is because it takes time for Fair Trading to process your application and only then will Fair Trading tell the committee. This could be 10 days after you file.
Your matter will be listed beyond the 2 months the OC has to indicate they will fix things.
It is clear they are, as Jimmy states “running down the clock”.
In the event that the committee does the repairs before your matter is heard by the mediator, or at least begins the repairs, you can always withdraw your application. Applying is free and sends a msg to the lazy so and sos that you will assert your rights to the extent (limited that it is) under the SSM Act.
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