244. No committee office bearers | invalid instructions to agent | reduced building sum insured
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Reena and I discuss:
- what happens when a committee is deadlocked on the election of its office bearers
- why strata managers should not blindly accept their client’s instructions
- the strata loan that came to the rescue
- the Court of Appeal case confirming the power of the NSW Tribunal to award damages to lot owners.
Links mentioned:
- Get the transcript here!
- Section 41 – Strata committee to appoint officers – Strata Schemes Management Act 2015
- Section 37 – Duty of members of strata committee – Strata Schemes Management Act 2015
- Section 48 – Tribunal may order meeting if no officers or strata committee – Strata Schemes Management 2015
- Episode 073. The 3 Ways to Fund Your Strata Building – with Paul Morton
- Episode 010. Macquarie Bank’s Jenny Strong And Amanda Farmer Discuss Strata Finance And How To Use It Effectively
- Friday LIVE with Amanda Farmer and Paul Morton
- Vickery v The Owners Strata Plan No 80412 [2020] NSWCA 284 (11 November 2020)
- Episode 203 Owners can no longer claim damages in the Tribunal
- Section 106 – Duty of owners corporation to maintain and repair property
- Section 232 – Orders to settle disputes or rectify complaints
- Its time to have your say on the review of NSW strata laws! Submissions close 7 March 2021
‘Must appoint’ seems to be a procedural or directory must, not a mandatory must. See 2EBR, Yau, and Sher
Of course being a ‘must’ it would need the Court of Appeal to settle what type of must it is.
If the committee can do no better than be deadlocked then there is argument, from 2 lot strata plans who can’t agree, that the SP is dysfunctional.
Might be interesting to frighten them with the idea the OC could be placed under ordered management if the committee can’t sort themselves out. Then they all lose their power.
A faction conceding a position on the committee is a far better outcome.
Alternatively: how about scissors, paper, stone?