Sarah Trissie Nocom v Community Association DP270469 [2015] NSWCATCD 78

Sarah Trissie Nocom v Community Association DP270469 [2015] NSWCATCD 78

The Tribunal found that the management structure of the scheme was not functioning satisfactorily, and evidence indicated that without the control of a managing agent, problems would persist. It was appropriate to appoint Len Robinson Strata and Community Management Pty Ltd as managing agent for a period of 12 months or until the 2016 AGM, whichever was sooner.

Parties
Applicant: Sarah Trissie Nocom; Respondent: Community Association DP270469
Jurisdiction
Australia
Judgment Date
27 July 2015
Procedural Posture
Application for Appointment of Managing Agent / Final Orders and Reasons
Outcome
Appointment of Len Robinson Strata and Community Management Pty Ltd as managing agent for 12 months or until 2016 AGM; refund of inappropriate management fees ordered.
Legal Topics
Compulsory Appointment of Managing Agent, Management of Community Associations
Community Land Law Strata Title Compulsory Appointment of Managing Agent Management of Community Associations

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Parties

Sarah Trissie Nocom

Applicant

Community Association DP270469

Respondent

Procedural Posture

Application for Appointment of Managing Agent / Final Orders and Reasons

Legal Issues

  1. 1 Whether the management structure of the community association was functioning satisfactorily
  2. 2 Whether it was appropriate to appoint a managing agent under s 85 of the Community Land Management Act 1989

Ratio Decidendi

The Tribunal found that the management structure of the scheme was not functioning satisfactorily, and evidence indicated that without the control of a managing agent, problems would persist. It was appropriate to appoint Len Robinson Strata and Community Management Pty Ltd as managing agent for a period of 12 months or until the 2016 AGM, whichever was sooner.

Court Disposition

Appointment of Len Robinson Strata and Community Management Pty Ltd as managing agent for 12 months or until 2016 AGM; refund of inappropriate management fees ordered.

Orders

  • Len Robinson Strata and Community Management Pty Ltd appointed as managing agent for DP270469 from 13 July 2015 to 12 July 2016 or 2016 AGM, whichever is sooner.
  • Managing agent to exercise all functions of the association and those of chairperson, secretary and treasurer for DP270469.