Flat Chat Forum NCAT – the NSW Tribunal Current Page

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  • #50477
    Tom
    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

Viewing 6 replies - 16 through 21 (of 21 total)
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  • #51938
    newlsie
    Flatchatter

    Please don’t apply for Compulsory Strata Management.   Most of the good strata managers will not take on Compulsory Strata Management.  We have had a terrible experience.

    #51943
    Tom
    Flatchatter
    Chat-starter

    Hey Guys,

    Just an update on where things are at. It’s quite a process. We have had our directionals hearing and have a hearing date in November. NCAT referred me to lawyers in Marrickville who gave some input for free. That was very helpful.

    It’s not very clear how much evidence you need to gather for these things but a lawyer friend of mine told me to put together a timeline of events that can be referred to which I did. Having clear reasons for seeking the appointment was another and the timeline is there in case you need to show a series of events that link to evidence such as emails within an annexure. The timeline really helped uncover things I had forgotten or had not seen previously.

    I really did not want to go this route but it’s just very obvious nothing will get done. One of the owners indicated he will be moving and things will probably get repaired once he leaves. Another owner told me the same and said I should wait before pursuing matters.  I called around and spoke to about 8 managers who do offer compulsory appointments. One of them actually said its something they like to do as it’s quite lucrative. I was quite shocked by that.

    The new agent who was signed on said during the EGM he was getting worried and may not be able to represent us if they didn’t seem to be making decisions. It’s very unfortunate. I’m about 30 years younger than most of the owners in this small complex and for the most part seen as a trouble maker as I’m asking for the buildings to be inspected.

    They really are completely clueless about their responsibility to each other’s common property. It’s like watching a train about to crash and nobody is trying to stop the train.  We have about $40K in confirmed damage and in two years’ time, we need $20,000 to paint the complex. My ultimate goal is to get everything done so they have no decisions to make.

    It’s so incredibly political and completely toxic and logic is completely gone because it has gotten so personal. They do not want to meet and discuss and plan prior to AGM’s & EGM’s and are constantly confused during the meetings because they didn’t prepare in advance.

    During the meetings they ask for more quotes and more information and then we wait another 6 months and again nothing is determined. For these reasons and many more, I think compulsory is the only way to go in this case. Just hope the hours I put into this NCAT documentation don’t go to waste.

    #52043
    Jimmy-T
    Keymaster

    If anyone is following this, you have until midnight tonight (Sep 20) to access a fascinating breakdown of what you need (and need to avoid) to get compulsory management. You’ll need to register (for free) for Amanda Farmer’s Shared Space Summit (even though it’s “over”), then look for the final session on dysfunctional strata schemes in which Amanda goes into this in detail.

    For her members, the session will be available in her “members only” section from tomorrow onwards and if you want to chase that up, you can become a member of Your Strata Property here .

    #52128
    Darnell
    Flatchatter

    Thanks, Jimmy for Amanda’s link. It’s very good. I’ve had to take the draconian measure and file under 237. However, I haven’t secured a compulsory managing agent. I will speak with StrataChoice tomorrow, but, in the meantime, has anyone had any positive experiences with compulsory strata managers? I’m based in Sydney. Desperately seeking an ethicalManaging Agent that is experienced and can bring order to the deeply entrenched self-interest within our current set-up. And, I’m on a tight deadline, as I filed with the Tribunal today, not realising I had to put forward the details of a managing agent who agreed to a compulsory appointment.

    NB:  If responding to this, probably best to use the “send a message” button on the left so you can be as forthright as you wish. JimmyT

    #52997
    No To Compulsory
    Flatchatter

    Yes they can increase or decrease levy to their liking, most likely the case is increase.

    They have the power of owners corporation.

    They can hire a strata lawyer of their choosing who owners hope is ethical.

    The system is there to be abuse with the wrong unethical strata company at the helm.

    #52996
    No To Compulsory
    Flatchatter

    Compulsory is like giving Dracula the key to the blood bank.

    Once they entrance them self it is hard work to remove them its all about money at the end.

    Once they have owners corporation power due to compulsory appointment they will used owners corporation to suit their cause.

    They will hire a lawyer of their choice to benefit their own and their affiliation at owners expenses.

    Our Strata Company choose the same lawyers, we found more than 60 Invoice from the same lawyer and seem quite close to them with in their short compulsory appointment.

    Would you trust to give someone you don’t know a key to your house and pretty much what they can get away with in their legal ways!!

    There is little to no chance any compulsory will do the right things by owners by owners.

    Our Strata Company charged us $50,000 for photocopying, they love large complex as another mention above it is a lucrative business model for strata company.

    Good Luck I say NO to compulsory for sure.

Viewing 6 replies - 16 through 21 (of 21 total)
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Flat Chat Forum NCAT – the NSW Tribunal Current Page