Ms CHARISHMA KALIYANDA (Liverpool) (15:43): In the iconic words of Darryl Kerrigan, "It's not a house. It's a home. A man's home is his castle." Part of that stems from what we call the Great Australian Dream, which is the belief that home ownership can lead to a better life. That is especially true for so many people in Liverpool, who, for a variety of reasons, may be the first in their families to fulfil the Great Australian Dream. I recall recently speaking to my mother about the significance of buying her home. She said, "After coming to Australia and starting a new life from scratch here, having a home of my own was a sign that I had some roots and I could stand on my feet. It made me feel like I'd achieved progress and independence." For many who have scrimped and saved to buy the roof over their head, that is a familiar sentiment.
A recent investigation into practices within the strata management industry conducted by and aired on the ABC's Four Corners revealed shocking evidence of questionable charges, phantom fees and suspect deals with contractors, and even situations where the developer retains control over the owners' corporation to avoid responsibility for building rectification works where defects have been identified. Many of the people impacted are ordinary people who see buying into a strata scheme as a way of entering the property market or a way of downsizing and living within their means in a convenient location.
I recently met with a group of owner-residents of 69-73 Elizabeth Drive, Liverpool. Those residents contacted me, concerned about the apparent takeover of their owners' corporation by a strata company. They advised me that it was done without a democratic process or transparent notification to owners of NSW Civil and Administrative Tribunal [NCAT] proceedings. I was initially contacted about the matter last year following issues related to the 2022 annual general meeting [AGM] of the strata management committee that raised issues with the behaviour of the strata management company, including shutting owners out of the 2022 AGM while important motions were dealt with, the use of questionable proxy votes for meetings held in 2021, and the allowance for pre‑meeting votes to be cast by the director of Titles Strata Management [TSM].
The situation escalated following what residents tell me is a pattern of anti-democratic behaviour by Titles Strata Management, especially after the events of 19 July 2023. The AGM held on that day was organised by TSM to be held at 3.30 p.m. at its offices in Drummoyne. It was an unusual location choice given that the residents and building are located in Liverpool. It was to be the first strata meeting not held in Liverpool, with others taking place at the building itself or at Club Liverpool. The time of the AGM, on a weekday in the afternoon, while many owners were still at work, acted to disenfranchise residents of the complex. Furthermore, the location, some 50 minutes away from Liverpool, added to the difficulty of access. However, residents organised to take time off work and re-organise caring responsibilities, and more than 50 people attended at TSM's office.
Clearly not expecting the residents to turn up, TSM promptly cancelled the meeting, citing that the location, which TSM itself selected, was not able to accommodate the number of people that arrived. As a result of the cancellation, tempers flared and police were called to the scene. Through negotiation, the meeting was rescheduled to Club Liverpool on 2 August 2023. TSM further delayed the meeting to 8 September 2023. In the intervening weeks, TSM would apply to NCAT for an interim order for the compulsory appointment of a managing agent for the owners' corporation. The owners would lodge an application to set aside the NCAT order on 4 September, which was dismissed as the owners were not a party to the initial proceedings. As a result, owners were denied their right to vote in the AGM.
The NCAT proceedings were undertaken without the knowledge of those living in the building. How that can occur beggars belief. The owners I met with identified a range of grievances, with the most pressing being failure to manage the strata finances transparently and ethically; charging for unknown expenses, an example of that being a $330 charge imposed every time the building manager, Dino Khoury, was sent a text message after 6.00 p.m., despite his contract not specifying working and after hours; failure to perform its duties with duty of care or skill; and intimidation of lot owners with false claims of by-law breaches and fines. The compulsory order is due to expire in December. I share with the House the concerns of the owner-residents that the order will be extended, compounding their anxiety and distress. I call on the NCAT to immediately review the situation and ensure due process, fairness and justice for those residents, who just want to live in their own home in peace.