Do you not think they would claim that I interfered with common property and maybe threaten legal action against me?
The Adjudicator asserted it is common property, even though it was built on lot property… and by requesting the executive committee and neighboring lot owner cover the costs, they are more likely to use further owners corporations money (my fees too) against me to defend an NCAT application!
The most ludicrous thing CTTT did was made the order to allow it to stay on my balcony. Everything else was just brushed aside making the whole situation worse. It’s like telling an owners corporation it’s ok to do whatever you like even if it is illegal, oppressive and against the ideas of strata / torrens title!
I’ll draft a letter using what you have formulated and add in the little extra bits for you to consider. It’s worth a go but I cannot help but think they will ignore it as they have already received a big green light by the CTTT to steal my balcony… and it’s never been used by anyone other than the dog since. It’s not only uncomfortable to use now, but a total loss of amenity. Every time I see the neighbours partying on their balcony or when we go out to pet the dog, they turn on their air conditioner system as it splutters and bangs loudly… I can totally understand why that poor man in Sydney’s West brought a firearm to a strata meeting, he was bound to be putting up with the same kind of boofhead games-playing!
Sorry for the emotive response, but it really gets to me when people like your self see the obvious wrongs occurring here and the Tribunal just turns a blind eye. Hopefully the new Fair Trading Minister Mr Victor Dominello see the impact a lax Tribunal and weak strata laws have on NSW residents. I tend to believe VCAT are much fairer and actively try to encourage compliance with the law.
Whale & Jimmy T, I thank you for all your advice with this matter… hopefully your letter achieves something truly positive.