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

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sarah Trissie Nocom v Community Association DP270469 [2015] NSWCATCD 78 Date of orders: 13 July 2015 Decision date: 27 July 2015 Jurisdiction: Consumer and Commercial Division Before: J A Ringrose, General Member Decision: 1. Pursuant to s 85 of the Community Land Management Act 1989, Len Robinson Strata and Community Management Pty Ltd (being licenced under the Property, Stock and Business Agents Act 2002) is appointed to act as managing agent for the Community Association for Deposited Plan 270469 for a period commencing on 13 July 2015 and ending on 12 July 2016 or the date of the 2016 annual general meeting for the Community Association, whichever is sooner. 2. During that period the managing agent is to exercise all the functions of the association and may exercise all the functions of the chairperson, secretary and treasurer of the Community Association for Deposited Plan 270467. 3. Len Robinson Strata and Community Management Pty Ltd shall be entitled to be renumerated in accordance with the terms of the Community Scheme Management Agency Agreement annexed to the application filed herein and shown as to commence from 15 August 2014. 4. The Tribunal notes that Len Robinson Strata and Community Management Agents has agreed to refund to the community association all management fees received by it in respect of a period between 14 August 2014 and 22 December 2014 inclusive. Such refund is to be made as soon as possible. Catchwords: Compulsory appointment of manager for community association. Legislation Cited: Section 85 Community Land Management Act 1989 Category: Principal judgment Parties: Sarah Trissie Nocom (applicant) Community Association DP270469 (respondent) Representation: The applicant appeared in person Ms Tilbrook appeared for the respondent Mr Bacon – solicitor appeared for the applicant in a related claim File Number(s): SCS 14/60213 Publication restriction: Nil