› Forums › Common Property › Living conditions made intolerable by common property additions › Current Page
Before talking to your lawyer, read s.90 of NSW SSMA carefully and you’ll see that you might be able to get the OC’s costs charged only to the culprits, perhaps the committee members.
Section 90 is there to prevent owners who take legal action or are subject to it, and win their cases, from being charged their share of the legal fees that would normally be distributed according to unit entitlements. I have never heard of committee members being isolated and charged with the costs of legal action they have either instigated or defended.
The committee acts as representatives of the whole owners corporation (Section 36) while Section 260 specifically states that the officers and members of the strata committee, if they have made an error in good faith and within the restrictions of strata law, can’t be subjected to any “action, liability, claim or demand.”
If costs were awarded, then they would be against the whole owners corporation with the possible exception, under section 90, of the plaintiffs. If the other owners have a problem with that, then they should think more carefully about who to elect as committee members.
