NSW How to prove at NCAT money hasn't been refunded to strata?

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TBP

Active Member
11 August 2021
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Basically an owner did some renovations which needed a bylaw as it affected some common property. The owners corporation preferred to use its own contractor for the common property part of the work and the bylaw says the owner is to refund the owner corporation. No problem so far. The problem is this money hasn't been refunded and its been dragging on for a couple of years now. I put in a NCAT application to push things along and it included all the emails to the strata manager and committee about this problem. They keep saying it's not a priority and the next committee can deal with it if they think its important. The member says the emails are irrelevant and that I had better come up with something better at the next directions hearing or he will dismiss the whole thing.

What do I need to provide? All I can think of are the strata finances and bank accounts showing no money has been refunded. I've got the quote and invoice but this isn't itemised and covers other strata work. The strata manager says the builder doesn't want to give separate invoices and they can't force him to.

The website says everything is informal which is why I decided to go it alone but that seems to be a mistake now. I don't want to pay for a lawyer as the member said it wouldn't be refunded and that anyway I had to ask for permission first.
 

Tim W

Lawyer
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28 April 2014
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Are you an officer of the Owners' Corporation, or are you the person who owes the money?
 

TBP

Active Member
11 August 2021
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31
Hi Tim I'm an owner and don't owe the money. Its another owner in the strata.
 

Rod

Lawyer
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27 May 2014
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You have to show NCAT the money is owed by producing an invoice and a demand for payment. It then becomes the owners problem to show they paid.

The Strata manager is being weak with the builder and should be saying give us either a separate invoice, or a cost breakdown for the work you want the owner to pay. Lean harder on the Strata manager and suggest they may not be the appropriate manager if they cannot do the job needed by the owners.