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

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  • #38758
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    fight4justice1
    Flatchatter

    Hi there

    No strata manager has been held liable for misleading action, there are many in the business that are allowed to continue business. No legal action is taken unless an investigation of the financial records is done and by then it’s too late.

    People’s money is stolen or spent.

    My question is. Why is the strata manager NOT held accountable for any action allegedly taken on behalf of the owners corp?

    please read my story

    http://www.gofundme.com/f/misleading-deceptive-strata-manager

    #38778
    Jimmy-T
    Jimmy-T
    Keymaster

    Did you raise this with Fair Trading, who are supposed to supervise strata managers?

    If the strata manager is acting on behalf of the strata schemes, their actions are taken to be actions of the strata scheme and it is they whom you should be pursuing.

    If the strata manager is acting independently, then your complaints should be with Fair Trading.

    By the way, I don’t see how the distressing picture of your mother’s injury (on the GoFundMe page) has anything to do with your issues with the strata manager.  I reckon it will turn more people off than it will encourage to support you

    • This reply was modified 1 month, 1 week ago by Jimmy-T.
    #38852
    Avatar
    webman
    Flatchatter

    Hmmm, you want to raise $40,000 to fight about…. I’m not certain, but it could be somewhere around $8800 (the increase from 1900 to the amount paid of 9700). Except, there would be 6 months worth of levies added in here, plus interest.

    AFAIK, interest always applies, even if a payment plan is agreed, (unless the committee makes an exception, or by-law, or something).

    I think if you want to be taken seriously, then see a solicitor, if they think you actually have a case that you might be able to win, then try again. Also, small claims court (amounts less than $10,000 as far as I know), where you can represent yourself, might be a better option than incurring massive legal fees.

    #39036
    Jimmy-T
    Jimmy-T
    Keymaster

    Just for clarity, this is what section 57 of the Act says about strata managers’ breaches.  This kind of contradicts what I said in my initial response.  Basically, if the OC tells the strata manager to do something illegal and they do it, the strata manager is culpable.

    57 Breaches by strata managing agent

    (1) If a strata managing agent has been delegated a function by an owners corporation and a breach of the duty by the owners corporation would constitute an offence under a provision of this Act, the agent is guilty of an offence under that provision (instead of the owners corporation) for any breach of the duty by the agent occurring while the delegation remains in force.

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