Question: What can we do if the Strata Committee does not reply to us when I write to them about an issue.
What can we do if the Strata Committee does not reply to us when I write to them about an issue. We have a water ingress problem causing safety and health issues and damage to our unit. We assume this is a Owners Corporation responsibility.
We wrote to the Strata Committee months ago. We have written an additional 4 times but have not received any response. What can we do?
Answer: There are a few ways one could address a non-responsive strata committee, depending on the circumstances.
There are a few ways one could address a non-responsive strata committee, depending on the circumstances.
However, the way one approaches this will depend on what is causing the water damage (for example, it may be a leaking hot water system that is not common property, or it could be a bathroom floor waterproof membrane that is common property).
1. Removing office bearers (such as the non-responsive secretary)
Under section 45 of the Strata Schemes Management Act (‘the Act’) an officer (secretary, chairperson or treasurer) can be removed by ordinary resolution of the owners corporation in a general meeting. A motion can be put forward to remove one or more officers. If attempting to remove them all, consider putting forward separate motions in case the owners want to keep one (or more) of the officers appointed but still want to specifically remove one. Bundling them all into one motion could cause it to fail.
2. Removing strata committee members
Similarly, under section 35 of the Act, one or more members of the strata committee can be removed by ordinary resolution at a general meeting. Again, consider whether to submit separate motions as opposed to bundling the removal of all committee members in one motion.
Under section 32(5), once the committee member is removed from their position, they are not eligible for appointment or election for a period of 12 months commencing on the day of the resolution having been passed.
Also, it would be prudent to submit another motion for the owners at the general meeting to elect another committee member (or more than one, if multiple positions are being made vacant) to avoid leaving a gap. If the owners don’t elect new committee member(s) and there is a vacancy, the remaining strata committee members could convene their own meeting to consider nominations and elect someone to fill the vacancy.
3. Making an application for mediation
An application should be made to NSW Fair Trading for mediation with the owners corporation to resolve the disputes. This is a precursor to seeking orders from the NSW Civil & Administrative Tribunal (in most cases, but not all – check out the “strata schemes fact sheet” on NCAT’s website for more information). The dispute in question is twofold:
- The lack of a response to your requests. It is only reasonable to expect to be communicated with, especially in these circumstances.
- Finding out whether the owners corporation has determined the cause of the water ingress, and if it relates to common property, what the owners corporation intends to do to rectify it (as well as any damage to your property, in accordance with section 106(5) of the Act).
4. Making an application for orders
An application can then be made to the NSW Civil & Administrative Tribunal for orders under one of the following (or more) sections of the Act:
- Section 232 to resolve disputes or settle complaints (such as to repair common property, or keep you informed of their actions, or for damages suffered as a result of the lack of repair/maintenance).
- Section 238 to remove a person from office or the strata committee.
Before making an application for orders, it would be prudent to seek legal advice to better understand your rights, to strategise and potentially be represented at the Tribunal.
This post appears in Strata News #499.
Tim Sara Sara Strata E: tim@sarastrata.com.au P: 04 8500 7960