In NSW, an owners corporation may be placed into compulsory administration whereby an agent is appointed to fulfill the duties and obligations of an owners corporation pursuant to orders made by the NSW Civil and Administrative Tribunal (NCAT).
This will generally occur in circumstances whereby the management of the strata scheme has become dysfunctional and there has been a breakdown among owners or, groups of owners within the owners corporation resulting in a failure to administer the strata scheme properly and according to law.
Examples of when a compulsory appointment might be appropriate include:
- Where the owners corporation, committee or incumbent agent is mismanaging scheme funds;
- Where the owners corporation, committee or incumbent agent is negligent in fulfilling its duties i.e. failing to maintain the common property or, to maintain scheme records or, failing to convene meetings or, failing to insure the building etc;
- Where a strata committee (appointed by an owners corporation) is wilfully negligent in fulfilling decisions made by the owners corporation at a properly convened meeting or, conversely, disregards the decisions made by an owners corporation at a properly convened meeting.
Our strong technical understanding of the legislative instruments that impact upon the management of a strata scheme has established us an agent of choice when a strata scheme becomes dysfunctional.