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My Strata Committee has recently voted to spend strata funds on architects and engineers fees to design, document and submit to Council for DA approval of an extension onto common property of the raised courtyard of one Lot There have been several bylaws proposed for this use of common property – all have been rejected. My question is this- is the Strata Committee able to commit strata funds for the embelishment of one Lot?
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No, is the simple answer but then the processes you have described could be innocent.
For instance, if the strata committee was examinining the potential for selling the common property to the adjacent owner and planned to pass the costs to the lot owner, then this would be borderline OK.
However, if they are doing it purely for the benefit of one owner, with no compensation or advantage to the strata scheme, then that is borderline fraud.
I would think a polite “please explain” letter to the committee followed by an application to NCAT for interim orders stopping the work if you failed to get a satisfactory answer, could be a tactic.
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