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