@zerotwoalpha said:
We are currently looking at mediation as the option to pursue.
I don’t quite see why you require mediation if their is no special bylaw granting him exclusive use of the area you can tell him to remove the structure from common property within 7 days or your contractor will remove it and send him the bill. Doing it this way he has then got to go to conciliation and adjudication to stop you and as their is no exclusive use registered he is on to a looser.
The document you require to reference are the bylaws (held by the lands dept of NSW gov) and in particular the SBL to ensure he has not got one registered for his structure. Although your SM should have a current copy.
A vague promise from 10 years ago is meaningless and the EC cannot grant owners exclusive use of common property anyway.