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How to sack rogue committee members at NCAT
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30/09/2017 - 1:11 pm
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Loath as I am to start another thread on the same topic, this one is now into its third page of posts so I just wanted to take this opportunity to introduce a new element into the discussion about badly behaved committee mebers and office holders.

I have only just noticed section 238 of the Act (see below) which allows you to seek orders calling for the removal of committee members who have acted badly.

If we take the example linked above, the committee has made a bad decision and then compounded it by defending it in the Tribunal, costing the owners of the lot time energy and their good relations with other neighbours, and the other lot owner $130,000 in legal costs.  The committee are now going to have even greater costs awarded against them as they are appealing the decision.

Throughout this process, they have consistently failed to inform owners of the true nature of the case and the potential costs to them if it went wrong.  Instead the have devoted their energies to defaming the owners with whom they had issues.

On top of that, the chairman has been taking a substantial honorarium over several years to pay for his services, including ill-advised legal adventures.

The lot owners in this case are probably exhausted with their fights at NCAT but surely, at some point, there would be a case for taking the chairman and his cohorts to NCAT and having them booted off the committee.

I had always previously assumed that in a case like this the only option was to have the whole committee sacked and replaced with a strata manager. But it seems you don’t have to go the whole hog.

Has anyone tried this and what was the outcome?

238 Orders relating to strata committee and officers

(1) The Tribunal may, on its own motion or on application by an interested person, make any of the following orders:
(a) an order removing a person from a strata committee,
(b) an order prohibiting a strata committee from determining a specified matter and requiring the matter to be determined by resolution of the owners corporation,
(c) an order removing one or more of the officers of an owners corporation from office and from the strata committee.
(2) Without limiting the grounds on which the Tribunal may order the removal from office of a person, the Tribunal may remove a person if it is satisfied that the person has:
(a) failed to comply with this Act or the regulations or the by-laws of the strata scheme, or
(b) failed to exercise due care and diligence, or engaged in serious misconduct, while holding the office.

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30/09/2017 - 7:18 pm
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It would be interesting to know if a committee member could use O/C funds to defend such an order and how long the order for removal would last.

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07/10/2017 - 7:59 am
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We are seeking legal advice.

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