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CTTT Members and the Supreme Court use the term seriously dysfunctional to describe what needs to be occurring with an SP’s management before a s162 order is made but if the content of some of the Teys Lawyers youtube presentations are correct then even trivial matter can lead to an OC being sued. (A Section 162 order is a ruling that appoints a strata manager to assume some or all of the duties and functions of an owners corporation -JT)
So why are these trivial matters not being seen as the serious dysfunction they really are?
Imagine your SP being sued for compensation after a unit sale fell through because of some non-compliance issue that appears on a strata inspection report.
I saw Jimmy in the audience for “Is my SP complying ..” talk so he knows what i am talking about.
I recommend the presentation to all and it is viewable HERE
A matter that causes a law suit could be quite trivial but the compensation could be quite significant in the right circumstances. So why isn’t something that can see a SP sued for a considerable amount of money considered to be dysfunctional management?
Is it because these trivial matters have been allowed to pervade, just about, the the whole strata living sector of society and as such whose SP couldn’t be the subject of a s162 application if “trivial” matters were considered serious dysfunction?
How many agents would need to lift their game and up their liability insurance if “trivial” compliance issues were considered dysfunctional management.
I had a buyer look at my unit recently and they liked what they saw. Then they drove around the SP and kept driving when they got back to the entrance – no thanks was their answer after seeing the general state of the common property. CTTT know all too well the state of this SP.
I think a few successful law suits that see significant payouts to compensate owners for a sale falling through due to management failures, however insignificant, will be enough to rock the foundations of the whole strata way of life.
The point of this post is that it seems trivial matter are no longer so trivial; they represent dysfunction that can see significant litigation. It seems that “ambulance chasers” may well be what is needed to get the reforms strata living needs. That will reflect pretty poorly on CTTT and the Parliament if that is the case.
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