This article about the role of a NCAT compulsory appointed strata manager.
Table of Contents:
- QUESTION: What can owners do if elected office bearers refuse to communicate? Can a temporary strata manager be appointed?
- QUESTION: We have an NCAT compulsory appointed strata manager. The lot owners do not receive any financial reports. Is this usual?
Question: What can owners do if elected office bearers refuse to communicate? Can a temporary strata manager be appointed?
After seven months with no elected office bearers, the secretary, treasurer and chair were announced at a strata meeting. The new secretary refuses to respond to any communication from owners, including legitimate questions. The next step is mediation, but owners are concerned that the outcome may be ignored. Our strata manager has also terminated and will complete their term next month. Is appointing a temporary strata manager the solution, and if so, how can this be implemented?
Answer: NCAT can appoint a compulsory strata manager, however, it is a “last resort” measure.
To preface the below response, my understanding of the situation as read is that the current strata management company have elected to self-terminate despite there being no strata management company to take over the site.
In accordance with the legislation, the only way to effectively appoint a strata management company is under an appropriately drafted managing agency agreement with the owners corporation, which will need to be approved by way of ordinary resolution at a general meeting.
Notwithstanding this, if the committee/owners corporation, for whatever reason, cannot coordinate their interests and convene a general meeting and/or appoint a strata management company themselves, then (in NSW) a strata manager can be appointed compulsorily by the NSW Civil and Administrative Tribunal (NCAT).
However, this is a “last resort” measure used when the owners corporation is dysfunctional, neglects its duties, or breaches Tribunal orders.
Megan Parkins
Tender Advisory
E: megan@tenderadvisory.com.au
P: 0435 893 670
This post appears in the October 2025 edition of The NSW Strata Magazine.
Question: We have an NCAT compulsory appointed strata manager. The lot owners do not receive any financial reports. Is this usual?
We have an NCAT compulsory appointed strata manager. The lot owners do not receive any financial reports with regard to the income and expenditure of our strata scheme e.g. monthly reconciliation reports or reports under regulation 41 of the Property Stock Agents Regulation 2022. Is this legal?
Answer: You should obtain a copy of the NCAT Orders appointing the agent for clarity on the specificity/breadth of the functions/powers of the compulsory agent.
It appears that your compulsory agent was ordered to exercise all the functions of the owners corporation, chairperson, secretary, treasurer and strata committee of the owners corporation, in which case, there would be no requirement for the agent to provide records to himself or herself (however, all records must be kept and form part of the books and records of the owners corporation).
You should obtain a copy of the NCAT Orders appointing the agent for clarity on the specificity/breadth of the functions/powers of the compulsory agent.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
This post appears in Strata News #666.
If you have a question or something to add to the article, please leave a comment below.
Read next:
- NSW: First Strata Collective Sale Approved by Court
- NSW: When is a Strata Scheme Not Functioning Satisfactorily for the Purposes of Appointing a Compulsory Strata Manager?
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If a compulsory strata manager is ordered to exercise all the functions of the owners corporation, it means he would have access to all financial records. Why would he keep financial reports to himself? What is lot owners what those reports for tax returns?