NSW Endlessly needing to go to NCAT to get strata records - what order to deal with the problem?

[TBP]

Hi

I've been to NCAT 3 times to get orders to obtain strata records. The scenario is always the same. I ask to get specific records. These are refused for various reasons. I lodge with NCAT for section 188 and 232 orders. Following the first directions hearing the OC produces the records. New directions hearing where the tribunal asks if I now have the records I want to which I of course state yes. Tribunal then gets all huffy and demands to know why I haven't withdrawn application since I got what I want and warns me of adverse costs. I withdraw my application.

All this takes about 6 months and the process is draining. What sort of orders am I supposed to be asking to deal with this problem?

Thank you

 

[Nighthelyn]

Dear TBP,

Are you in the course of having a dispute with the strata management or care taker? If yes, then NCAT order for information is the correct step.

If there is no dispute, there are some other normal ways of obtaining information:

1. Call/email - strata management may charge a fee especially for some documents like fire and safety statement and certificate of currency of the building;
2. Online portal - most strata management has an online portal - get access, and you should be able to access standard documents in the owners corporation including recent minutes especially in the Annual and extraordinary general meeting, latest strata levy, budget - but there may not be some more private documents e.g. contact and s22 registers, contracts, ongoing documents relating to litigations;
3. Hire a strata inspector - for standard ones it could be something like $220.00 (last time I did it in NSW this year) and instruct the inspector when doing a strata report to pay particular attention to specific information you are looking for.

Why would the NCAT procedure takes 6 months? This is unusually long case management timeframe even during Covid-19 reduced service period … normally 4-6 weeks only, unless there are unusual procedural issues or slippage in the timetable…

Good luck!
-Nighthelyn

 

[TBP]

Thank you for your reply Nighthelyn. The issue is both with the OC with the strata manager. It takes 6 months from my first asking the OC and paying the OC for those records to NCAT finalisation (withdrawal). These 4 months are spent dealing with all the pushback from the OC and then another 2 months while lodging and progressing through NCAT.

 

[Nighthelyn]

Dear TBP,

Documents relating to planning and approval - you can consider contacting the council at the same time as requesting from the strata. It will still take time but council’s response timeframe is generally 1 month turnaround rather than 6 months.

Good luck!
-Nighthelyn