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I wonder if anyone knows of any success in NSW with removal of Strata Committee members under s 238 of the Strata Schemes Mgt Act?
I read in Flat Chat column in the Australian Financial Review in Dec 2018 as that is an option. I am trying to find out how difficult it is through NCAT?
I am the one and only minority owner within a complex of 3 units – father, son and myself. I am outvoted all the time and not allowed to join the SC. An inspection of the books recently reveal that the Strata Mgr has been paying for private repairs of those owners. I have the necessary evidence.
When queried, the Strata Mgr said to hold an AGM to determine if those invoices for private repairs could be refunded. I don’t think private repairs are to be voted on. They are simply disallowed in the legislation. And holding an AGM will mean that I will be outvoted.
Does anyone have any comments or thoughts as to how to approach this? Please remember that I am a lone minority owner and cannot enlist the support of the other owners. I am thinking of an action under s 57 as well against the agent for breach of its delegated functions.
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