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… if you go to NCAT which costs a fortune in lawyers the adjudicators don’t necessarily have legal training.
Did your lawyers file for costs? They should have.
There’s also no law against an OC not allowing the quiet enjoyment of a property to a resident. The law only mentions a resident not allowing quiet enjoyment from memory.
There are double negatives in the above but Section 232 of the Act allows owners and residents to take action against the Owners Corp for failure to enforce the scheme’s by-laws. Have a look at sections 1(b) and (2) “Failure to Exercise a Function”.
According to Victor Dominello, whose policy people drafted the Act, the intention is that owners corps can be required to enforce their by-laws.
Even if you didn’t get your costs, I hope you have made sure that the Owners Corps raised a special levy (from which you were excluded), to cover their expenses charged in defending the action.
