OK, this is NOT legal advice but it is what I would seriously consider doing if I was in your position.
- Write a polite but firmly worded letter to the chair, copied to the strata committee and the strata manager, telling them that you believe they are acting outside the letter and spirit of section 132 of the Act and requesting them to withdraw the motion for the lift immediately. Tell them that failure to do so within, say, three days, will result in you taking action at Fair Trading and NCAT.
However, you might also tell them that you will support an application to install a lift provided it doesn’t cost the owners’ corporation anything and doesn’t impact negatively on common property or the appearance of the block. - Meanwhile, call Fair Trading and ask them to advise the strata manager that they are acting outside the terms of Section 132C. There is more information HERE.
- If they don’t withdraw the motion and don’t cancel the meeting, make an application under section 232 of the Act, to resolve a dispute, that dispute being that the chair and strata manager have given wrong information to owners to install a lift that benefits the chair and only one other owner. See this page for details and instructions. This will lead to mandatory mediation.
- If the issue is unresolved at mediation, apply to NCAT for orders under section 232. See this page.
- If the plans for the lift proceed, then apply for an urgent order to prevent work going ahead. This page explains how.
- Meanwhile, you could apply to Fair Trading for disciplinary action against the strata manager for providing false advice to the strata committee and chair – all they will get is a verbal warning but it should make them pull their heads in. You’ll find out how to do that HERE.
Now, before you do any of that, I would try to get support from other owners in the building, so that the Chair can see you are not acting alone.
There is every chance the chair will try to bully you into submission by telling you that he will use strata funds to hire expensive lawyers to fight you at the tribunal but you will have to pay the costs when you lose.
The only response to that is to say that you’re not going to lose and he can then explain to owners why there has been a special levy issued (mandatory under strata law) to pay the legal bills, but which excludes you.
Now, it may not come to any of that but if the chair and strata manager can see that you are in the right and determined they may just back down.
Finally, if you are in tight financial straits, Marrickville Legal Centre receives government funding to help disadvantaged owners under the age of 65 across the state with strata problems and Seniors Rights Service helps older strata owners and residents with their legal issues.
Finally, some housekeeping. Please don’t use the “quote” button to reply to posts. We know what the issue is and hitting “quote” clutters the threads with the same material over and over. Just hit “reply”. However, if there is one sentence in a post that you want to address, highlight it, then press “quote” and that will save you having to spell it out again.