You can have a managing agent compulsorily appointed to your dysfunctional strata scheme. This article by Amanda Farmer.
If the management structure of a self-managed strata scheme is
dysfunctional, a Strata Schemes Adjudicator may make an order under section 162 of the Strata Schemes Management Act 1996
for the compulsory appointment of a strata managing agent.
Such an order is usually made by way of an application filed with the
Consumer Trader and Tenancy Tribunal. The application may only be made
• A person who obtained an order under the Strata Schemes Management
Act that imposed a duty on the owners corporation or office holder of
executive committee that has not been complied with; or
• A person having estate or interest in lot or, in the case of leasehold strata scheme, lease of lot; or
• The authority having benefit of positive covenant that imposes a duty on the owners corporation; or
• A judgment creditor to whom the owners corporation owes a judgment debt.
The applicant for the order is required to describe how the management
structure is dysfunctional and list the functions they want the
managing agent to have and exercise. The written consent of a nominated
managing agent, listing their terms, conditions, fee and license must
accompany the application.
While the applicant is only required to nominate one managing agent, we
recommend nominating a number of agents, perhaps three. When providing
their written consent, the strata managers should set out their history
and experience in management and, if possible, compulsory management.
If the applications are properly prepared, they have greater chances of
success and are less likely to be rejected on technical grounds.
The Adjudicator will make their decision based on the written
submissions of the parties concerned (usually the applicant and any
other interested party supporting or opposing the application).
In special circumstances, an order appointing a compulsory managing
agent may be made by an Adjudicator without an application. In this
case, the strata managing agent will be selected by the Adjudicator
from a panel of nominees of prescribed persons or bodies.
The Adjudicator may set out terms and conditions of appointment, which
the owners corporation and strata manager must abide by. Such terms and
conditions may include those relating to remuneration and the duration
of the appointment. A common duration for compulsory appointments is 12
months. An Adjudicator may also order that the strata manager is to
ensure compliance with any previously contravened orders of the
Adjudicator or Tribunal.
Depending on the level of dysfunction within the strata scheme, the
order may permit the appointed strata manager to exercise all the
functions of the chairperson, treasurer, secretary and executive
committee. In that case, the strata manager has the power to
unilaterally resolve to undertake required works, whether on common
property or within a lot. Compulsory appointments are therefore often
sought by disgruntled owners as a means of ensuring the proper
maintenance of their property, which they have otherwise been unable to
achieve due to a deadlocked owners corporation.
Apply for the compulsory appointment of a managing agent using this form