#62135
Jimmy-T
Keymaster

    the section of the act you are looking for is 132 … rectification of works by an owner

    I don’t think so. Section 132 applies when “work carried out by or for an owner or occupier on any part of the parcel of the scheme has caused damage to common property or another lot.”

    Where is the damage to common property or another unit?  Removing carpet to lay down timber flooring is a minor renovation as defined by Section 110 (3)(c) of the Act, not requiring a special resolution (presumably because it doesn’t change or damage common property or another lot).

    On the previous question of running both the claim for a penalty  for breach of a by-law as well as seeking orders, section 232 (3) says …

    A person is not entitled—

    (a)  to commence other proceedings in connection with the settlement of a dispute or complaint the subject of a current application by the person for an order under this section, or

    (b)  to make an application for an order under this section if the person has commenced, and not discontinued, proceedings in connection with the settlement of a dispute or complaint the subject of the application.

    That seems to be saying pick a lane and stick to it. Once again, I strongly recommend you get professional advice.

     

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