#82379
Jimmy-T
Keymaster

    When he uses these facilities, he follows the requirements for owners and occupiers as per the strata and building management schemes. Ie for the tennis court he puts his name down to reserve the court for an hour to play with his mate, or 3 other mates to play doubles.

    Well, there may lie your problem.  The committee doesn’t like the idea of four “non-residents” playing on their tennis court. (BTW, that must surely meet the definition of “First World Problem”).  Simple solution, register your brother as a tenant on the strata roll.  Then he must be allowed all the rights and privileges of any other tenant and anyone who tries to prevent that is guilty of harassment.

    Meanwhile you could apply for mediation with a view to taking action at the tribunal under Section 232 of the Act.

    232   Orders to settle disputes or rectify complaints

    (1) Orders relating to complaints and disputes
    The Tribunal may, on application by an interested person, original owner or building manager, make an order to settle a complaint or dispute about any of the following—

    (a)  the operation, administration or management of a strata scheme under this Act

    Just applying for mediation may get them to pull their heads in.  And don’t get bogged down in matters of principle as in, you don’t see why you should have to do anything. Do what needs to be done to shut this down. This should be an easy fix and if the committee has a problem with your brother’s behaviour, then they have avenues they can pursue too.

    FYI I know of a developer who claims they are a resident because they let apartments on airbnb and short-term lets are considered residential under our cockamamie laws in NSW.

    If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
    1 user thanked author for this post.