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Showing posts from June, 2024

Strata managers' aversion to contact with tenants can leave strata managers exposed to personal liability

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 by Ganesh Sahathevan      Advice for living in, or buying into, a strata community Strata managers are employed to manage strata schemes which are often home to renters as well as owners. However, in evasion of that which they are paid to do there are instances where strata managers have attempted  to evade their duties by refusing to  deal with tenants.   Even this writer can recall an instance where the strata manager warned that it was against the law for tenants to contact him directly.  The instances where strata managers have refused to deal with tenants occur when the issues raised concern fairly pedestrian maintenance issues, for example blocked plumbing and the like. Having said that, tenants do actually have a legal right to a great many things, including being informed (and presumably make representations) when strata schemes consider re-development. Strata managers who seek to stand in place of strata committees  are even more exposed to liability for the loss and and dam

The personal cost of power -Strata managers control over strata schemes comes at a not so hidden cost which can extend to their personal assets

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 by Ganesh Sahathevan                                                                                                                Anoulack Chanthivong the NSW    Minister for Better Regulation and Fair Trading     The ABC's investigation into strata management industry misdeeds  and the reforms the NSW Government has promised  is also interesting for it reveals how strata managers by  assuming  either directly or indirectly control of the management of the strata schemes they are hired to manage, assume the liabilities that come with that power.  Strata managers may under ordinary circumstances be fiduciaries vis-a-vis strata unit owners and that alone can expose them personally to liability for any loss or damage suffered in or at the buildings under their schemes. While the rules with regards who may or may not be considered a fiduciary are complex Bugden Allan Graham Lawyers has published on its website an easy to read and informative summary of the law in the area.    Howev