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It is generally accepted that our states’ strata dispute systems are slow, frustrating and expensive – but isn’t there a way to provide instant answer
[See the full post at: How to fast-track strata conflict resolution]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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I agree that the NSW Mediation process is useless as the OC just has to say no we don’t want to mediate and that’s the end of the process. I was expecting to have some kind of hearing. Taking something to NCAT is still very legal and not easy for the average owner. In my case I eventually got the OC to hold an extraordinary GM to appoint a Building Manager for another 10 years which I still objected to but at least they then followed the correct process.
@Jimmy
Yes, a Strata Panel (with its duty to inform the parties as to what the law is and is not) is a very good option for lot owners and OCs especially as it does not close the door on applying to NCAT if a party is so minded.
While you’re on the reform beat, may I suggest another reform that is very much needed I believe: to the complaint process via FT when a lot owner has serious gripes with the conduct os strata agents.
I understand that a lot owner writes to FT, chapter and verse about his/her gripes.
FT looks into the claim and if one or more parts of it has legs, then FT will take the matter up with the strata agent.
But here is the rub: the lot owner will not be told
* What the strata agent says in reply to the lot owner’s claims as relayed by FT to the agent; and
* If FT takes any compliance action against the strata agent, the lot owner will not be given the details.
Sounds like the legislation is dramatically skewed to the agents.
I don’t understand why anyone would want to appoint a building manager (as in superintendent?) for more than 5 years as there could be significant changes in that period. It would be in the OC’s interest at the 5 year mark to reconsider re-appointing or not.
As for strata agents, I never understood why OC’s offer terms >3 years.
A 10 year contract – with I assume annual increases – smells fishy.
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