This topic contains 2 replies, has 3 voices, and was last updated by Jimmy-T 1 week, 5 days ago.

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  • #40257
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    Strata Survivor
    Flatchatter

    Our Owners Corporation is dysfunctional – only 4 lots. I am at the point where my mental health is suffering with relentless breaches of strata laws and now I am being bullied by being issued with a ‘warning’ letter where I trimmed back branches of a tree, because our OC refuses to maintain the garden. We have 1 Strata Committee member – she is a seasoned property investor, has recently reduced our sinking fund levies where we have major capital works to do and the procedures of running our scheme are just not transparent – it’s awful.

    Has anyone had any success with making an application to NCAT to remove a corrupt Strata Committee member – what evidence did you produce and what reasoning did NCAT come up with?

    It’s been going on for far too long where we have an owner that has breached strata laws such as putting down floorboards without approval, bullied/verbally abused me on common property, and her father, a Master Builder has altered common property without OC approval, and installed a playset on our back lawn – straight out of China – it’s delapidated and no ‘exclusive use’ bylaws have been registered or presented to the OC.

    It’s a mess – a rather large one, as we’ve had too many incidents where they are not being addressed by this ‘one SC member’ – she’s got the other 2 owners on side – I’m outnumbered – we only have 4 lots – a very dysfunctional small scheme … I can’t take it any longer …

     

    What evidence works at NCAT?

    Help … Thank you.

     

    • This topic was modified 2 weeks, 4 days ago by Jimmy-T.
    #40329
    Sir Humphrey
    Sir Humphrey
    Strataguru

    All I can suggest is that you work on the two who are siding with the one person. One person can’t decide the sinking fund levy. If you can convince one person to your way of seeing things, you might manage to outvote the other two if you have more unit entitlements and demand a poll vote.

    #40560
    Jimmy-T
    Jimmy-T
    Keymaster

    Another option would be to challenge decisions at NCAT which can issue orders to overturn decisions that are not in keeping with strata law.

    That said, often just a convincing threat of doing that can have the desired result.

    As for what works at NCAT – the answer is, the law.

    Go through decisions that have been made and see how they stack up against the Strata Schemes Management Act and Regulations.

    I have also been recommending a lot of people talk to our sponsors StrataAnswers who will give you good, objective advice for a modest fee.

    • This reply was modified 1 week, 5 days ago by Jimmy-T.
    #40614
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    oldandtired
    Flatchatter

    Hi Strata Survivor you are not alone.

    We tried to remove 3 committee members as two were bullies taking turns at being the chairperson and one was the non transparent secretary.  It all started with abuse from a chair person, and another committee member (my husband) and at the A.G.M other owners were told to vote my husband off and used 12 proxies.  The secretary never posted on the agenda the letter concerning the abuse and we were then abused by 9 committee members and 10 other owners.  After near 3 years and 8 lawyers letters, $8,000. mediation, we were told by a directions hearing officer to find a lawyer as some of our claims were not on point, so we did, $3,000.  At the N.C.A.T hearing we were told that because the committee did not issue the by law breach to the abusive committee member the judge could not dismiss the abuser.  The N.C.A.T Judge determined that we were to be treated in the same manner as other owners of the high rise and two weeks after the determination the abusive committee member tried to issue a breach of bylaw on me and his wife set an AVO on me.  The husband and wife then had to withdraw the vexatious AVO and pay for my lawyer, I still had to pay $600.

    Finally the committee tried to push the owners into leasing the top of the building and the owners rejected the decision and 5 committee members resigned we now have a few good committee members and the secretary is transparent and we were told at the N.C.A.T that not all correspondence has to be noted or filed.

    N.C.A.T does not deal with bullies, next time this happens to us we will be going to civil court.

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