248. A warning to “autocratic” secretaries
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Last week, one of my clients successfully obtained NCAT orders for the appointment of a compulsory strata manager. In this episode, I’m sharing my 4 key takeaways from this hard fought case, including a wake up call for committee secretaries who may be under the misapprehension they can rule the roost.
Links mentioned:
- Get the transcript here!
- Access the case here: Robert Nigel Dickson Pty Ltd v SP 69703
- Episode 222. Your Guide to Compulsory Appointments
- Amanda Farmer: Are we dysfunctional? How to Fix a Broken Community
- Section 237 – Orders for appointment of strata managing agent – Strata Schemes Management Act 2015 (NSW)
- Section 106 – Duty of owners corporation to maintain and repair property – Strata Schemes Management Act 2015 (NSW)
- Unilodge Australia Pty Ltd v The Owners Strata Plan 54026
- Section 43 – Functions of secretary of owners corporation – Strata Schemes Management Act 2015 (NSW)
- Section 36 – Functions of strata committee – Strata Schemes Management Act 2015 (NSW)
- Section 103 – Legal services to be approved by general meeting – Strata Schemes Management Act 2015 (NSW)
- Section 105 – Disclosure of matters relating to legal costs – Strata Schemes Management Act 2015 (NSW)
Sprinkler heads within units in our 80 Lot residential strata have not been inspected or tested for 18 years, despite AS 1851 mandating yearly inspection and testing if necessary, and despite advice from Wormalds that inspection is necessary. This puts the lives of 200 people in danger if the sprinkler system should fail, it is 50y since it was installed. Thank you for your account of the Millers Point case which gives me information as to how I should proceed.
Apology for typing error