- This topic has 4 replies, 4 voices, and was last updated 2 years, 7 months ago by .
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I posted about my dysfunctional strata scheme a while ago (https://www.flatchat.com.au/topic/costly-petty-repairs/?view=all#post-62422). Things have since escalated to the point where costly ‘work orders’ are being issued by the SM on the say of tenants for petty ‘repairs’, at the rate of a few per week.
I have brought my dissatisfaction of the SM acting without authority, to the attention of the SM regarding ‘the dog (SP) wagging the tail of the SM and not the reverse, and was threatened with defamation action should I continue down this path. Assuming there is a trade job arising from a complaint by a tenant, this is neither brought to the attention of the remaining committee members, and I suspect the bill should be paid by the owner.
I say the remaining committee members, because one guy sold up to escape the dysfunctional personalities, two members live off site and don’t really know or care what is going on. That leaves myself, and another member living on site.
She spends sinking fund money on renovating her own apartment and says its a body corporate responsibility. The SM doesn’t give a stuff because it is not their money paying the invoice, and they just want it shifted off their desk.
I want to get rid of our SM immediately. We haven’t had an AGM in more than 18 months. I suspect this is because they don’t want me to start a heated debate on their incompetence, and are avoiding holding a meeting.
There have been three major insurance claims lodged by the Strata Plan in the tens of thousands of dollars just in the past 8 years I have lived here. Finding an insurer to take us on has been problematic given the incidence of claims and the premium has risen from our current insurer.
None of the insurance claims were ever approved of, or been advised to other committee members by people making the claim or the SM.
As a lone dissenter, how do I initiate an action at NCAT to get an administrator appointed to out strata plan. How difficult is it to get what I want? Is selling up and going elsewhere (perhaps unknowingly to a more dysfunctional strata plan) my only remedy?
I am also travelling overseas soon for a couple of months, and need to know whether matters get on quickly at NCAT or are delayed for many months once lodged.
- This topic was modified 2 years, 7 months ago by .
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From my recent experience, NCAT seems to either treat the case as simple or complex.
I know in a complex case, it took about 3 weeks to get to the first hearing. This just sets up a timetable for the evidence. The to and fro of putting on evidence and rebuttal, was scheduled for 4 months. The other party discontinued the proceedings during this period, so I can’t provide commentary of how long it took to get to court.
My opinion is that it’s not a fast process ( as most court cases are). I think it’s entirely possible that in the process of putting on evidence the situation can change entirely.
One needs to be prepared for a long emotional process, so be sure you want to pursue your case.Sujenna, you misunderstand the point of mediation. It is not to formally resolve the problems in respect of the strata Act. It is instead to get the parties together informally and try to bridge the dispute(s). You instigating the mediation means you must attend the mediation, but the other side, the OC can choose not to attend, if they want.FYI, my recent mediation sessions lasted 3 hours each and were conducted by telephone.
Of course the OC’s non attendance means you can then go to NCAT straight away.
Even if the OC turns up, they may not agree to what you want.
Even if the OC’s representatives turn up and agree to what you want, that agreement may be worthless as they may go back to their bad behaviour the next day, as happened in my case (from where I took the matter to NCAT).
If you apply for mediation list on the application form all the grievances you have because when mediation will fail to solve all the issues, typically the mediator will list in his/her report on the mediation the issues that were not resolved or partly resolved. And that document is to be attached to your NCAT application form.
NSW Fair Trading’s website seems to have been renovated very recently. I suggest you look at point (3) at the following https://www.nsw.gov.au/housing-and-property/strata/disputes-complaints#domediation
You will find a tab for online complaint form to be completed.
Sujenna, you misunderstand the point of mediation. It is not to formally resolve the problems in respect of the strata Act. It is instead to get the parties together informally and try to bridge the dispute(s).
Actually, I think you have misunderstood the OP’s point, which is that just calling for mediation might have the effect of making the other party realise there is a process that could lead to the Tribunal and that process has formally begun.
She said: ” I am anticipating that proceedings will stop at mediation, as that will be enough of a shock for the SM to ‘pull his head in’ and stop issuing frivolous work orders.”
This is an absolutely valid tactic, especially now that applications for mediation are free of charge. If the other side doesn’t show up, then she can take it to the next level if she chooses.
If they do show up, then someone at Fair Trading might explain the facts of strata life to them and they can decide if they want to take their chances at a tribunal.
But the most important thing at this stage is that the other side now knows she has options.
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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