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What is the best way to report strata manager for his breach…

what is the best way...

what is the best way to report strata manager for his breach of trust. As a chairman of the community association, I asked for his advise via email and asked him to keep this confidential as it involved one of the residents and I did not want to have any conflict arise. Strata manager blind copied the resident without my consent on the same subject matter. I believe this is a serious breach of trust and I wish to report to relevant authority via the correct channel. Thanks.

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Answered in 5 minutes by:

10/4/2018

Solicitor: Leon, Solicitor replied 4 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

Have you gone to the strata managers and requested access to the books

Customer reply replied 4 years ago

I already have his management statement and the by-laws

Solicitor: Leon, Solicitor replied 4 years ago

Good Evening

what exactly is the issue and what did they disclose?

Customer reply replied 4 years ago

The issue was relating to a community wall that was previously a common property until resident that is connected that wall decided to place metal fence with sharp pointy arrows on the wall. My query to strata manager was to understand who may be liable if someone was to get hurt climbing over the fence. I did not want this to be shared with the resident as he may complaint that we are unnecessary trying ways to harass him and I wanted strata manager advise first if we should be concerned with potential liability claims.Because the wall I believe is still considered community property but resident has fence installed over it, hence it may be considered boundary wall. the wall is on front of the house facing community road cul-de-sac

Solicitor: Leon, Solicitor replied 4 years ago

Good Evening

The wall is still common property.

It is a breach of your instructions. You can report them to their senior manager.

Also seek that they be sacked as the strata managers at the next AGM

Customer reply replied 4 years ago

The strata manager who breached this is also the owner. I wish to report to perhaps a regulatory body or appropriate authority for this breach (and many other). We also helo extra ordinary general meeting and unanimously decided to change the strata manager, but he is refusing to handover the records as he is contesting that the EGM document that was held had such flaws (It was called Extra Ordinary General meeting and he says it should have been Called Special General Meeting), hence he is calling it invalid. I wish to report to Fair Trading NSW. We seem to be able to move no further with his rogue attitude.

Solicitor: Leon, Solicitor replied 4 years ago

Good Evening

You can take the matter to The Department of Fair Trading.

They licence them

https://www.fairtrading.nsw.gov.au/help-centre/online-tools/make-a-complaint

They will take action against them.

I hope this has assisted and also answered your question today.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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