What to do about a do-nothing committee?

As someone who has taken on a do-nothing (or do for themselves only) committee, I can tell you what I learned which should inform your next steps. Two things come to mind:

1. ACTION AGAINST THE OWNERS’ CORP

Say you or like minded people want to join the committee, in order to get things done, but don’t have support. If you take the Owners’ Corp to NCAT – as you do not take the committee per se – you’ll learn:

(a) That NCAT cannot put you on the committee in addition to the lazy so and sos on the current committee as it does not have that power;

(b) Asking NCAT to remove those doing nothing on the committee from the committee is something NCAT can do if you ask; and

(c) Making clear that the status quo (committee and agent) are not doing the owners any good, you could ask NCAT to – via s. 237 SSM Act – order a compulsory managing agent be appointed where he/she will attend to all issues he/she sees needs actioning e..g broken items, replacements needed etc. Note: when a compulsory agent is in place, nobody, not you or the current committee members can direct or instruct the agent as to what needs to be done. So it’s possible that not all of what you think needs doing will be done. And if it’s done, you’ll have no say in who does it. Appointing a compulsory agent means the existing committee is extinguished.

2. ACTION AGAINST THE STRATA AGENT

You could make a separate complaint against the agent alleging he/she is not performing his/her role

according to the Property & Stock Agents Act via filling a form on the following page

https://www.fairtrading.nsw.gov.au/help-centre/online-tools/make-a-complaint

go to

realestate, property management and strata

and click on it

This is separate from complaining about the Owners’ Corp, but it should help if your ducks are in a row,

I complained recently about the agent not doing as she should and in fact as she promised. NSW Fair Trading looked into it and indicated that they “took action”. Under the law, you and I are not told what action was taken. But we can be told if according to NSW FT our complaints had merit.

In any event, the agent  – who always did the committee’s bidding – suddenly quit being our agent.

When you go to NCAT about the OC, it’ll help that you can show your complaint against the agent – which in your case you claim is “complicit”  – was supported by NSW FT.

Jimmy, serious work needs to be done by the incoming Minns Dynasty to make NCAT work better. S. 232 is but one of many aspects that needs to be reformed.

Case in point: in March 2021 I asked an OC to rectify common property (s.106). They ignored my request. They subsequently attended mediation 6 mths later, which I applied for, and at mediation they agreed to fix the item within 2 months.

Surprise, surprise, they did not.

NCAT hearing the following March (2022), yes one year ago, required them (s. 232) to attend to the item within 2 months. It’s a year since that NCAT hearing and little has been done by the OC to fix the item. And what was done was not done as stipulated by NCAT.

In order to bring the matter to a reasonable conclusion I had to re-apply to NCAT and pay again a filing fee. The matter is currently underfoot.

From my neck of the woods there is nothing in the way of penalties or sanctions that NCAT can throw at lazy or useless committee members that would encourage them to do their job. No fine, no gaol sentence, no public shaming etc.

Until strata schemes are put on a similar level as businesses when it comes to bad behaviour, dereliction of duties, misappropriation of funds etc, some committee members will do little other than give lip service to their legal obligations by simply attending mediation and NCAT hearings (and saying what they think the mediator or Tribunal Member wants to hear), safe in the knowledge that the worst of all worlds that could possibly befall them is to actually be forced to have to spend time and effort fulfilling their duties.

Perhaps Flat-Chat could inform the incoming Minister for Fair Trading just what needs to be done. Flat-Chat could seek input from its readership as follows:

(a) Solicit (from members) strata issues that members have come across that needs major overhaul in order to work better (in the interest of owners);

(b) Call for suggestions as to upgrading the provisions of the SSM Act;

(c) Request ideas to give mediators some teeth; and

(d) Invite recommendations to improve how both the SSM Act and NCAT Act are applied by NCAT.

The no action committee

The act confers decision making power to elected members of the committee. In my experience, most owners do not want the burden of being on the committee. Too political; too time consuming: I don’t have time; Don’t want responsibility

All excuses I hear.

The committee then is often saddled with unqualified people or disinterested people (who just want a title).

It’s no use sitting on the sideline and complaining if you yourself won’t get onto the committee . And I can tell you in most buildings its not that hard because there are less takers than positions.

Once you’re on the inside you can see what’s happening and start to effect some changes. It takes time.

I had an issue with my building that took 3 years to finally get resolved in my favour.

And finally. To break the status quo, there needs to be an agent of change. That person does not need to be the chairman. If you are passionate and influential, you can persuade, over time, the majority of the committee to see your way.