NSW: Q&A If Executive Committee isn’t Acting Appropriately

 

Question: Our strata executive committee has been taken over by a group of lot owners who make decisions in their favour and no longer enforce bylaws. They don’t communicate with the rest of the committee. What do we do?

Answer: Stand united at the next AGM and gather a proxy each and vote the current committee down

You are an interested person under the strata legislation and are entitled to ensure the smooth operation of your Owners Corporation through NCAT: Strata Schemes Management Act 2015 – Sect 232

• 232 Orders to settle disputes or rectify complaints
  1. Orders relating to complaints and disputes The Tribunal may, on application by an interested person, original owner or building manager, make an order to settle a complaint or dispute about any of the following:
     1. the operation, administration or management of a strata scheme under this Act,
     2. an agreement authorised or required to be entered into under this Act,
     3. an agreement appointing a strata managing agent or a building manager,
     4. an agreement between the owners corporation and an owner, mortgagee or covenant charge of a lot in a strata scheme that relates to the scheme or a matter arising under the scheme,
     5. an exercise of, or failure to exercise, a function conferred or imposed by or under this Act or the by-laws of a strata scheme,
     6. an exercise of, or failure to exercise, a function conferred or imposed on an owners corporation under any other Act.

You will need proper evidence to prove your case and will need to apply for mediation first.

For the full question and our detailed response, visit the original publication at Look Up Strata. Do you have a question relating to your property or development? Contact us!

Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.