This topic contains 3 replies, has 2 voices, and was last updated by Jimmy-T 31/08/2019 at 11:44 pm.

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  • #41483
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    Ziggy
    Flatchatter

    Under what section of the SSMA can a person remove all or some of the Strata Committee. Is there a section that also refers to financial penalties that can be imposed on them as well.

    #41521
    Jimmy-T
    Jimmy-T
    Keymaster

    Ziggy wrote:

    Under what section of the SSMA can a person remove all or some of the Strata Committee.

    Section 238 allows NCAT to order  the removal of committee members or office bearers from their positions.

    Section 237 allows the Tribunal to replace the whole owners corporation with a strata manager.

    If you can get it, section 238 is preferable as a compulsoty manager can be a cure that feels worse than the disease.

    Is there a section that also refers to financial penalties that can be imposed on them as well.

    Not that I know of.  Strata committees have a lot of protection from the consequences made in good faith.  However, if you can prove that individual members wilfully acted wrongly or illegally, you might have some recourse through civil actions.

    • This reply was modified 3 weeks, 2 days ago by Jimmy-T.
    #41539
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    Ziggy
    Flatchatter
    Chat-starter

    Thanks Jimmy. I’ve heard somewhere that an SC can be fined $5000 by NCAT. Where did I get that idea?

    #41551
    Jimmy-T
    Jimmy-T
    Keymaster

    Download the Act here and search for “penalty”. Most of the fines for owners corps are for things like not keeping fproper accounts that range from maximums of $550 to $1100.  FYI, a penalty point is $110. There are much bigger fines for developers who don’t follow procedure and landlords who breach over-crowding regulations ($11k for a second offence).  But $5000 for being a crap owners corp, sadly I couldn’t find that anywhere.

    #41771
    Avatar
    Flame Tree
    Flatchatter

    In Queensland you can write a Motion for a committee member’s removal for an AGM or a EGM. You don’t even need to specify why. No doubt you’d probably need to sell that with genuine, persuasive information in your accompanying info to help sell it but the Motion itself can be quite brief and to the point. I imagine these days that is intended as a dignified way to seek someone’s departure should they be older and losing their marbles without having to spell that out. But you can also use it if you have the numbers to ditch anyone rusted on or over-lording whom many don’t consider working in everyone’s favor. It’s a good rule as in Queensland committee members can just go around again unchallenged once they are on the committee in the first place, and so some do way beyond their use by date!

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