August 20, 2020 at 12:29 pm #235424StrataOwnerMember
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)?
StrataOwnerAugust 26, 2020 at 10:01 pm #235952Amanda FarmerExpert
A couple of mentions of s 238 in recent cases, but nothing that provides any helpful guidance:
Amanda.August 27, 2020 at 8:39 am #235999StrataOwnerMember
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.
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