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NCAT application process
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Puddn
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29/06/2017 - 11:10 am
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In the past, our strata manager has completed and submitted applications to CTTT/NCAT on a variety of issues - with input from the committee as required.

Today, as Secretary of a large scheme, I asked SM to submit an application to NCAT for orders based on a lot owner's failure to comply with a 'Notice to Comply' with noise bylaws - nothing out of the ordinary in that request.

However, to my surprise (annoyance!) SM has asked me to complete the application form -  due to 'liability' issues.

Whilst I have all the information to complete the application, I am rather peeved that the matter has been passed back to me.

Has anyone else had this experience? Is this a new way of doing business?

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Lady Penelope
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29/06/2017 - 11:26 am
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Puddn - The strata manager is probably correct. It is unlikely that submitting NCAT applications would be part of the duties of the strata manager even though that may have occurred in the past.

You could always check the details of their management contract relating to duties to make sure. 

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Puddn
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29/06/2017 - 11:43 am
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Thank you Lady Penelope.

We are aware that this service is not part of our agreement, but then again never has been. Always an 'extra' which is fine by us.

The difference appears to be a 'liability' matter as the breach, and process is the same in every other way.

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Lady Penelope
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29/06/2017 - 11:59 am
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Puddn - Perhaps the SM might change their mind if your OC offered to pay extra for this service? It can take a long time to get these submissions both correct and concise.

If your SM was prepared to assist your OC for a fee then it would be the responsibility of your OC  to read, approve, and sign off on the information before sending it to NCAT. Hopefully by doing this any liability(?) may shift to the OC rather than the SM. I am not a lawyer.

You could also use the services of a lawyer to write the submission for your OC. 

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Puddn
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30/06/2017 - 5:06 pm
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Thanks again Lady Penelope  - but fees and time are not the issue. SM has made it clear that they do not have liability insurance. I am just puzzled why this is suddenly an issue.

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