Jennifer’s note to Amanda after member call no. 034:
I would like to thank you for your invaluable assistance in the recent outcome of an application to NCAT that I discussed with you.
I took your advice and made sure my application was comprehensive and concise with as much evidence as possible. I prepared my submissions in a similar manner. I also took advantage of all the information in relation to section 237 of the Strata Schemes Management Act on your website.
The tactics adopted by the respondent’s lawyers were to satisfy the demands of my application before the hearing. I believe these particular lawyers like to boast that they can solve any compulsory management application. An AGM was held and a new Strata Manager appointed. They immediately addressed the outstanding deficits in the finances then ensured a new Strata Committee was elected. What they were unable to fix was the unsatisfactory functioning of the Strata Committee (two members of the new committee were the two members who created a voting block) nor could they prove the committee was other than dysfunctional. My email evidence was comprehensive.
I provided alternatives in my submissions for orders under s 237(1) or s 237(2). Once the respondent’s lawyers had read my submissions they agreed to consent order under s 237(2). I was certainly happy to find a resolution once the finances were heading in the right direction. I am also pragmatic enough to realise there is no way I will change the personalities involved and just hope that 12 months with a Strata Manager organising affairs tensions will settle and the owners will learn something about the legislation.
It was encouraging to find that if a case is well prepared NCAT was willing to listen and assist. I don’t think any owner should be afraid to approach NCAT if they follow your advice.
With many thanks