453. Think NCAT Will Solve It? Listen to This First
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I’m sharing 5 hard truths I’ve learned as a strata lawyer – truths that might just change your mind about commencing legal proceedings (whether that’s in NCAT, or the equivalent in your jurisdiction).
Best advice! Totally agree
I (secretary of strata) had a funny situation. We had a dispute with an owner, who suffered damages to his lot owner’s property (no common property) only from malicious damage from his tenants (no fault or defects of common property). Originally strata manager paid insurance excess without letting the Committee know, then the OC resolved to rescind the insurance claim and that the owner needs to refund the excess or the full benefit, which he did not.
Fair Trading refused to mediate this matter, as they were “concerned” that, even if some settlement was achieved, it might not be ratified by NCAT (under s.232) as NCAT might not have jurisdiction over distribution of insurance benefits, even under a broad “dispute” section 232 of SSMA2015, and even if it is related to strata management.
In comparison, Community Justice Centre (CJC) did not mind to mediate — apparently they do not know all the trickery…
Thank you Amanda.
4 reasons the system is a fail and 4 reason to never buy strata. The last reason is a viable option if people are reasonable.