Flat Chat Forum NCAT – the NSW Tribunal Current Page

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  • #50477
    AvatarTom
    Flatchatter

    Hello,

    We just had our AGM. Our agent informed us several days ago that they will not continue their contract with us. We have thirty days. The committee is run by three members who are reluctant to approve any works. It gets worst but I’m sure you have heard it all before.

    I want to lodge an application to have a Compulsory Agent. Our current agent informed me that they are not qualified and that only a few agents are. Does anyone know how I can find agents that can be Compulsory Strata Agents?

    Thanks

    • This topic was modified 2 months, 3 weeks ago by .
Viewing 6 replies - 16 through 21 (of 21 total)
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  • #50562
    AvatarTom
    Flatchatter
    Chat-starter

    Thanks for your suggestions. I called one of the agents that was suggested.

    I didn’t know that the agent needs to inform three months in advance. Will need to look into that thank you.

    One of the owners was wrongfully disputing the details of the repair work that was carried out. The agent sent an email with their intention to terminate a day later. They also mentioned that their recommendations were not adhered to.

    I found the fact sheet which indicates what to include in my application. Are there any examples online that might help me ensure I provide the right details?  Iym not sure if I need to include emails or if I should include any individual comments that had been made to illustrate their lack of understanding of their responsibilities.

    – I was told I should pay half of the cost to replace my garage roof in order to get the votes needed to approve.

    – one owner said he will give another owner his vote because he looks after the yard which meant my vote no longer counted

    – I was told I already reached my ‘cap’ in repairs and I also made a profit.

    – One of the owners had lied for years about her pergola that was added to her villa. She said the owners corporation decided to look after it as she had a da approval. I later found a letter in one of the old books that said otherwise. For years strata was maintaining the pergola.

    – one owner said he can’t afford to put in more than 60 dollars extra into levies raised. The other two members vote with him as sympathy for his financial position. They are very reluctant to fix issues.

    – two of the owners decided they wanted their roofs fixed / replaced after I mentioned my problem. Then they said they can’t afford to have all our roofs fixed. One of the same owners tenants confirmed to me there were no leaks. I was told I was absurd for listening to a tenant and should listen to the owner.

    – they sought to stop my planned repairs after the quote was approved.

    Do I include this sort of thing and if so do I need proof through emails etc.

    Thanks

    #50535
    Avatarkaindub
    Flatchatter

    As an alternative to a compulsory manager, find an agent YOU are happy with, get 25 % of other owners to back you up; ask the secretary to call a general meeting with the agenda item to appoint YOUR strata manager.

    This sort of forces the OC into appointing a strata manager unless they want to be self managed.

    The question is why did the OC find this out at such a late stage. The SSMA says the manager must give the OC three months notice prior to the expiry of the contract.

    Or was the committee informed and did nothing?

    #50534
    Avatarkaindub
    Flatchatter

    Any person or company claiming to be a strata manager must hold a licence. If they don’t then they can’t charge for their services.

    it seems, reading between the lines, that your strata has some issues. It’s unusual for a strata manager to not at least seek renewal of their contract. I suspect that your strata is more trouble than it’s worth to them.

    Thats also why they gave you the lame excuse about not being qualified to be compulsorily appointed.

    I have spoken to a few strata managers and they view their appointment as the kiss of death. Many owners are unhappy with their appointment and the appointment rarely turns into a long term contract.

    Ascsuggested by Jimmy find an agent who is willing to take on the job and go to NCAT with your reasons why they need to be appointed. You don’t have to do this before the other contract expires as when it does expire you just become self managing. Let the committee then deal with that.

    #50525
    Avatartina
    Flatchatter

    Strata Schemes Management Act 2015 says that the appointed strata manager “must hold a strata management licence issued under the Property and Stock Agents Act 2002”.   You can google “NSW strata management licence” and see if the agent you are interested in holds a strata management licence.

    Perhaps ask your friends and colleagues about their own strata manager?  I recently went through the process of getting quotes from strata managers.  I made up a spreadsheet to compare costs.

    • This reply was modified 5 months, 2 weeks ago by .
    #50519
    Jimmy-TJimmy-T
    Keymaster

    Note to all Flatchatters: If you are copying and pasting, please take the time to remove coding from Apple documents or the original source. Paste first into a blank text-only (.txt) doc and copy again from there if you’re not sure.

    • This reply was modified 5 months, 2 weeks ago by .
    #50520
    Jimmy-TJimmy-T
    Keymaster

    Does anyone know how I can find agents that can be Compulsory Strata Agents?

    Contact our sponsors Strata Choice who are as qualified as you will get. Failing that, try the SCA – and you wouldn’t go near a strata manager who wasn’t a member of that organisation.

     

    • This reply was modified 5 months, 2 weeks ago by .
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