Question: Can an owner take the strata management company to SAT for dispute resolution?
Our Strata management company is slow to act. If they act, they rarely help solve council of owners'(CoO) conflicts.
Ongoing mould issues have not been resolved by the strata management company despite numerous requests for action. As a member of the CoO, I know we have requested the manager find contractors to fix the defects.
I have lodged a SAT application against the strata management, but they say they are not the responsible party, and I should take action against the CoO. Can I take the strata management company to SAT for dispute resolution?
Answer: The strata manager has a contract with the strata company and obligations under the Act to the strata company, not each individual lot owner.
Whether or not there are grounds for a SAT application is very difficult to say from the information provided. The Tribunal does have jurisdiction in relation to some disputes between a strata company and the strata manager. Still, the application would ordinarily have to be commenced by the strata company because the strata manager has a contract with the strata company and obligations under the Act to the strata company, not each individual lot owner.
It is also not clear from the information provided whether the strata manager is in breach of any of its obligations to the strata company under the Act or the strata management contract, particularly because we do not have a copy of the strata management contract. This is, therefore, an issue about which I would recommend specific legal advice.
This post appears in Strata News #714.
Carolyn Meighan Bugden Allen E: carolyn@bagl.com.au P: 08 9254 6304