I am still quietly obsessing about my (merely brilliant) idea of a strata disputes panel. You get one strata lawyer, one strata manager and one former or long-standing committee member. The plaintiff states their case in 15 minutes, the respondent responds. The panel retires for 20 minutes to consider and returns with a verdict.
If they are unanimous, they tell the “loser” that they don’t have much chance of success at a Tribunal. If it’s a split verdict they explain why and suggest a compromise.
In the first scenario, the loser will be told that pursuing a ‘hopeless’ case means they could have costs awarded against them if they go to the Tribunal (something that the law already allows for). It’s a form of mediation with a resolution, rather than passively encouraging aggrieved owners to doggedly persist on a matter of principle.
Just think, strata disputes resolved in an hour, rather than after weeks and months of grief and grievance with little certainty of the outcome. But, of course, that would need Fair Trading and the Attorney-General’s office to meet in the middle and, as anyone who has ever watched Yes Minister or Utopia will know, that cannot ever happen.