484. When a committee member goes rogue: one strata manager’s NCAT experience
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Strata manager Luke Derwent joins me to share how an owners corporation ended up in NCAT after a committee member leaked confidential negotiations with a major service provider.
We discuss how the committee responded, why they chose NCAT over an internal political fight, and what it really took for Luke (a non-lawyer) to successfully prepare and present the case himself, on behalf of his client.
Links Mentioned:
- Get the transcript here!
- Podcast Episode 476. Standing Up for Residents in a Large Mixed-Use Scheme
- Podcast Episode 478. The Secret Currency of Strata: Why Influence Beats Authority Every Time
- Section 37. Duty of members of strata committee | Strata Schemes Management Act 2015 (NSW)
- Section 237. Orders for appointment of strata managing agent | Strata Schemes Management Act 2015 (NSW)
- Section 238. Orders relating to strata committee and officers | Strata Schemes Management Act 2015 (NSW)
- NCAT Decision in the case discussed
- McCormacks Strata Management Website
- Luke Derwent’s LinkedIn Account
- Australian Strata Q&A Facebook Group
We have some female members who post unproven no specific abuse about other owners, they really control s weak committee. I need to constantly advise them they cannot act outside their authority and the ACT, for that I am accused of sending too many emails, if they did the right thing there would be no need for corrections, typical s previous chair convinced committee they could make radical changes to subdivision without Special Resolution with agreement of 100 of owners! One member refuses to give access keys for common property! So, it’s off to VCAT where I will be asking for OC to be put in administration to great things right.
Interesting that, while the committee member could be booted off the committee by NCAT, there were no other repercussions for them sharing confidential information – even as a non-committee owner. As an employee you’d be sacked but, as an owner, they seemed to have no consequences even though it could disadvantage all the other owners. Well done to Luke for taking it as far as he could, and for winning the NCAT decision, despite it not solving the total issue. It shows that the committee are not just going to take it lying down and it may have other positive unintended consequences down the track.
We’ve been to NCAT twice (as defendants) and won twice. It was a hell of a lot of work for our SM who prepared all the docs for us. We (the two committee members) self-represented and were ready. Our Members were very sound and the decisions were swift. But it is a big impost on your time and sanity.
Hard to cite the case without the case name
Could we have an unredacted copy of the NCAT 237 decision, or at the very least the full citation of that case? It is a public document so there should be no privacy issues. Thanks.
Hi Geoffrey,
Thank you for reaching out!
You can absolutely contact Luke directly to request an unredacted copy of the case. You’ll find his LinkedIn profile linked under the “Links Mentioned” (above) section of this episode.
I hope this helps!
Regards,
Richelle
YSP Team
We have a strata committee that overruled an owners corporation vote, and engaged tradesmen at a cost of $29000.00. The Committee can only approve under $10,000 without owners Corp vote. The owners Corp voted No, and voted for another quote, the Committee overturned the vote 1 week later and engaged the tradies against a Strata Managers council. What can we do.?
Hi Glenn,
I am sending this message on behalf of Amanda Farmer.
Due to the overwhelming demand for Amanda’s services, she is no longer able to personally respond to every comment posted on the public side of the website.
The best way to seek Amanda’s guidance is inside the members-only QandA Forum, enjoyed by paying members of our online community. Membership starts at just $97/month with no lock-in. Your instant access is here: http://www.stratamembership.com.
Regards,
Richelle
YSP Team