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At a recent NCAT hearing – me v the OC – the strata manager (“SM”) was in attendance, for the full 3 hrs. I recently asked him (I only have one email address to contact him and the SC) “what did he charge for his time to attend”?
Nearly a fortnight has passed and he has not replied.
In order to obtain this data, can I take action against the SM or am I confined to taking action only against the OC?
In the same email I asked him to provide me with lot balance reports for each lot.
I am going grey waiting.
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Have you checked the Strata Managing Agency Agreement? That will show what the strata managing agent is entitled to charge for representing the owners corporation at NCAT.
If the attendance at NCAT was within this current month (2 weeks ago?) the charge has likely not been fully processed through the accounts and into your scheme’s monthly statement. When it does hit the statement it will be lumped in under “additional services”.
Asking for a breakdown of the amount for “additional services” shown in their invoice in the relevant month should be easier for someone in the accounting department to find.
Hi there are a few points you seem to be chasing at the same time.
wanting to know how much the Strata Manager charged. Well, i word ask how long after the hearing did you ask. The manager did get back to you, once the amount was known and charged.
As to levy balance yes as an owner you have the right to ask and be provided with the information. The manager also has the rights to say, come to our office and collect a copy of the levy balances. The act (SSMA 2015) says it has to be provided but it does not say they have to send it to you. So tell them you will drop into the office to collect a copy.
For the manager being there, I am a little confused as you start with an NCAT hearing Vs the OC but then say it was against the committee only?
But anyway it was meant to be; you are taking action against another party. They don’t have to tell you who they are going to bring to the hearing, that’s their choice. They could have gone at hired a lawyer if they wished to. You don’t get to tell someone your taking legal action against who they can obtain help from.
Also the standard management agreement give the strata managers powers to act on behalf of the OC, except for limitation outlined within the Act.
The strata management agreement will list the fees for them representing the OC.
The rules of NCAT allow the OC to be represented by the strata manager (use of lawyers is not usually permitted).
Most committee members would not be comfortable representing the OC in court, and hence use the experience of the strata manager to do thst, even if to just sit in court.
Since you were the applicant, you would have been excluded from all correspondence from the strata manager to the OC in relation to this matter ( it’s usually referred to as the principle of legal privilege).
It’s also a lesson to “ cover your bases “ with the orders you request. You could have included an order that the costs of the OC are paid by all owners except you. If you don’t ask, you don’t get.
Just to give a perspective from the other side. I was one of the owners representing the owners corporation. One of the other owners took action against the owners corporation.
None of the owners had any experience with NCAT. We let the strata manager attend because we did not know what to expect at the hearing. It cost $440 for a half day (3 hour) session. I think the strata manager charged a miminum $440 and then $110 per hour thereafter. The strata manager contributed zero to the proceedings.
I know that the NCAT web site says that the parties should work together to solve their issues and not engage lawyers and other professionals. In reality, people bring lawyers and strata managers.
This case happened less than five years ago. I think $880 for three hours is steep.
This discussion has now evolved into exchanges about who pays the owners corp expenses (or doesn’t) when they take a case to NCAT and lose: Loser pays – schemes must raise losing case expenses by special levy
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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