What can owners do if the strata manager fails to act on AGM resolutions, causing maintenance delays and administrative issues?
Our strata manager has not followed up on AGM resolutions or subsequent owner requests. This resulted in problems such as termite infestations and stalled renovation approvals because new by-laws were not consolidated and registered on time. What recourse do we have when the strata manager fails to carry out these responsibilities?
The main avenue for recourse would be via the NSW Civil and Administrative Tribunal.
With any strata-related issues, the main avenue for recourse would be via the NSW Civil and Administrative Tribunal. As in any formal litigation setting, the rules of evidence apply. You need to provide evidence that the current strata manager's inaction caused physical damage to the building and/or financial difficulties for your owners corporation. A good way to obtain this evidence is with a statement to this effect from a qualified professional. This should be under the advice and guidance of a lawyer.
At the absolute minimum, with respect to the unregistered by-laws, it would be reasonable to request that the strata manager cover any additional costs associated with re-calling a general meeting and further registration costs. You could do this by less formal negotiations/ performance management with the senior executive team.
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During her tenure as a Licensed Strata Manager, Megan played an integral part of the strata industry since 2017 when commencing with an Industry Leader and was recognised for her dedication in the awarding of the 2019 SCA NSW Rising Star Award and 2020 SCA Australasia Rising Star Award.
Equipped with a Class 2 Strata Management Licence and Certificate 4 in Strata Management, she possesses a strong foundation of knowledge and expertise with respect to the multi-faceted management requirements of Owners Corporations, Building Management Committees, and all forms of Registered Associations, including but not limited to, Asset Management, Trust Account Management, Compliance Management, and complex Meeting Management with internal and external stakeholders.
Through the combination of all aspects of her professional experience, business management skills and passion for achieving success on behalf of her client base, Megan has been drawn to co-founding Tender Advisory to help Owners Corporation’s re-gain their confidence and control over the management of their properties and their trust accounts.
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