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The well established disregard or near complete ignorance of Strata Laws on both the part of long standing Chairman and Strata Mgr. provide clear evidence to me who has arranged it but this does raise questions of providing evidence to NCAT; the evidence is the absence of any motion whatsoever regarding altering the garden. If there were strata police presumably sworn officers would seize all minutes of meetings and report the absence of relevant material.
I don’t think any of the other Owners are capable of even beginning to comprehend that there are laws and due process which don’t (legally) allow one person to take control of their accumulated strata funds and do what they see fit. I once suggested that we set a limit on the then EC for garden expenses for that year as a basic good business practice – not to leave it wide open. There was umbrage from most attendees that I was insulting the EC; the Chair however perhaps having vaguely heard that “grown ups” might often have such considerations plucked a figure of about eight times the normal garden maintenance costs.
An interim order plus the req’d Application comes to $202; at best the result would probably be a retrospective Spec. resolution heartily endorsed by the Chair/Str. Mgr. with proxies from the usual suspects who apparently think that if they have tenants and are paying fees within the normal range then things must be going swimmingly; these presumably also are the types who are “devastated” if/when they discover their funds have disappeared where those in control become confident that no adult is watching.