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Where to next? The OC caused leaks into my unit when they did concrete cancer work on the unit above in 2011. They tried to fix the leaks for many years unsuccessfully. In 2017 NCAT brought down orders. The OC tried harder. Either it hasn’t rained much or the band aid they put on the job has fallen off. The leaks are back!! NCAT told me to call Fair Trading. Fair Trading told me to call NCAT. NCAT then told me to call Law Access who cannot help. The SC are useless and push back whenever I email them about a problem. Short of going back to my lawyer does anyone have any suggestions? Should I go to the press? Many people have suggested a compulsory SM but I don’t think that is the solution. Thanks in advance.
Start proceedings at Fair Trading seeking mediation leading to a binding agreement to start work within a specified time frame.
If the committee refuses, start proceedings at NCAT seeking orders and costs under Section 232 (extract below) which says that he Tribunal can make an order to settle a complaint or dispute about the operation, administration or management of a strata scheme, and/or failure to exercise, a function conferred or imposed by the Act or the by-laws of a strata scheme.
Failure to maintain and repair common property is right in this Section’s gunsights.
232 ORDERS TO SETTLE DISPUTES OR RECTIFY COMPLAINTS
(1) Orders relating to complaints and disputes
The Tribunal may, on application by an interested person, original owner or building manager, make an order to settle a complaint or dispute about any of the following:
(a) the operation, administration or management of a strata scheme under this Act,
(b) an agreement authorised or required to be entered into under this Act,
(c) an agreement appointing a strata managing agent or a building manager,
(d) an agreement between the owners corporation and an owner, mortgagee or covenant chargee of a lot in a strata scheme that relates to the scheme or a matter arising under the scheme,
(e) an exercise of, or failure to exercise, a function conferred or imposed by or under this Act or the by-laws of a strata scheme,
(f) an exercise of, or failure to exercise, a function conferred or imposed on an owners corporation under any other Act.
(2) Failure to exercise a function
For the purposes of this section, an owners corporation, strata committee or building management committee is taken not to have exercised a function if:
(a) it decides not to exercise the function, or
(b) application is made to it to exercise the function and it fails for 2 months after the making of the application to exercise the function in accordance with the application or to inform the applicant that it has decided not to exercise the function in accordance with the application.
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