pmo – whilst I understand absolutely why you’re so angry with your Executive Committee about how they attended to common property repairs involving your friend Mr X’s unit, because even though I’m sure they’d dispute it, even without knowing all of the relevant facts it seems they acted improperly.
It’s unusual for your E/C not to check on the progress of the repairs, but I don’t understand that if the repairs were progressing so slowly and with such obvious poor workmanship why your friend didn’t inspect those works (assumption) and as he would have surely “reasonably foreseen” the loss of rent that would eventuate, and why he didn’t immediately bring matters to the attention of the E/C or immediately lodge an application for mediation together with one for interim orders to have the works suspended.
In the absence of such proactive steps by Mr X he would, save the vindictiveness that you suspect, in my opinion have difficulty substantiating that the owners corporation (through its E/C) could have reasonably foreseen the loss that he incurred, and so he would likely not be able to successfully pursue the owners corporation under sect. 106 of the proposed new legislation.
As I observed before, as the proposed sect. 106 is an additional as opposed to a replacement provision for one that exists in the current Strata Schemes Management Act, and even with logic excepted where I can’t see how a backdated two (2) window could exist within which owners could seek redress under the proposed section, in my opinion the new provision will apply and the two year (2) window of opportunity commence from the date that the new Act is made law in NSW.
I reiterate that I understand your anger and frustration over what appears to be an appalling situation, but this will be my last contribution to the topic primarily because on a historical basis few contributors to this Forum wish to delve too deeply into the legalistic intricacies and interpretations of strata-related issues, and because my head hurts 🙂
For your friend’s sake, I hope I’m wrong so that he can at least have his day in the Tribunal.