@ccbaxter said:
You tell me, please, Mr T. I don’t get. First, it’s a commercial thing / precedent, isn’t it? Does it mean anything to residential type stratas?
Second, won’t these lawyers stand to make money helping folks (sorry, caught that from KRudd) get things past the CTTT? I truly can’t see why these lawyers would issue PR releases unless there was something in it for them. But call me a suspicious cynic if you like but please don’t get cranky.
I’m not cranky, just puzzled by your choice of words and the vehemence of your argument. I can only draw your attention to the response from PCM2 below.
Strata is strata, whether it is commercial or not. There is no Commercial Strata Schemes Management Act and this ruling was specifically about Section 62 of the SSMA.
I can’t speak for strata lawyers and why they might issue these press releases except that all the big firms – Makinson d’Apice, Teys, Grace Lawyers, Bannermans etc etc – do so directly or in regular newsletters, presumably to keep their clients informed (or at least let them know they know what’s going on).
It costs an awful lot less to get legal representation at the CTTT than at the Supreme Court and it is the latter to which the Appeals Court has closed the door. And owners can still demand that Owners Corps have ro repair and maintain common property – they just can’t insist on upgrades.
I actually think these rulings have very positive aspects to them. The one about replacing or repairing like for like means that buildings won’t be held hostage by new owners who buy into old buildings but want the latest whizzbang fit-out that they weren’t prepared to pay for in a new building.
It will also stop rich, lawyered-up bully boys skipping the CTTT by suing their Owners Corps for damages which means their cases had to be heard by the Supreme Court.
The downside is that a lot of old buildings will be stuck with the common property that they have unless 75 percent of owners can be persuaded to pay for upgrades. Given the prevailing attitude of “get out before the bills come in”, that could mean the deterioration of a lot of older buildings.
It’s not the end of the world – but there has been a significant shift in its axis.