Bean16 – Whilst I agree that you should take the matter to mediation using THIS form, IF no agreement can be reached, then I’m not so confident about the NSW Civil and Administrative Tribunal (NCAT) ruling in your favour in circumstances where your argument is that you agreed to an informal arrangement when you and the adjoining Owner were on good terms, and where after some years you want that formally undone because that relationship has deteriorated. That’s how a Tribunal Member may see it!
The former Consumer, Trader, and Tenancy Tribunal was a strange place where Members often brought down some decisions that I personally found equally strange (or at least illogical), and I’m not so sure that the metamorphosis of that organisation into the NCAT has changed all that very much; different horse same jockeys.
I’m inclined to suggest an additional step in the process, but in order for that to work I first need to know the units of entitlement applicable to each of the Lots in your Plan and whether you have a Strata Manager. Could you please provide that detail?