Case example of removal of a committee member under Section 238 of SSMA

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Forums The committee Case example of removal of a committee member under Section 238 of SSMA

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  • #235424
    StrataOwner
    Member

    Hi Amanda

    Would you be able to point out any examples of NCAT cases (both successful and unsuccessful) on removal of a strata committee member for misconduct and failure to exercise proper due diligence (specifically negotiating inflated capital works quotes with contractors)?

    Best regards

    StrataOwner

     

    #235952
    Amanda Farmer
    Expert

    Hi StrataOwner,

    Unfortunately, no.

    A couple of mentions of s 238 in recent cases, but nothing that provides any helpful guidance:

    http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2020/1040.html

    http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCATAP/2020/151.html

     

    Amanda.

    #235999
    StrataOwner
    Member

    Hi Amanda!

    Thank you very much for the links.

    Specifically the second one, the case PR vs MDM is absolutely shocking!!!

    This seems to be the only known relevant case of application of Section 238 for removal of strata committee members.

    Plaintiff’s claim was dismissed, no details provided. The whole case is about justification of intransparency of this decision.

    As a result, the Plaintiff was forced to sell his unit and is trying to protect his name and location.

    I view this as a horrible example of why strata committee bullies get away offensive behaviour, kickbacks on capital works projects, hiding the owners corporation records in personal email boxes, defamation, etc.

    The Strata managers know how the system works and support the bullies.

    Best regards

    StrataOwner

     

     

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