Topic: Can the CTTT bring forward a hearing date due extenuating circumstances? – FLAT CHAT

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11/03/2012 at 7:37 pm #7971 Reply | Quote
pend1lis
I am the an owner of a unit within a 60 year old block of 21 units. We are currently going through the process of major repairs to our balconies (chopping them off and re-doing them), removing and replacing all windows and doors, changing the building facade etc… this has been in the works for approx 2.5 years. We have a lot owner who is almost 3 years in arrears for his strata levies and has not paid the first special levy from 2 years ago.

Our chairperson has been to a number of mediations with him, with no result. We have a date set with the CTTT in May, this will hopefully resolve the issue once and for all. I believe there is talk of bankrupting the lot owner, selling his unit and recouping all costs owed to the OC.

At out last AGM, the OC voted on a builder to go ahead with the works and myself, along with the rest of the EC have signed contracts with them to start work. This week, the builders requested access to all units to carry out a dilapidation report. The un-financial lot owner has refused them access, however at the last mediation, he stated if he received a request in writing he would allow them into his property (a request in writing was sent to him, and all lot owners). Now we are unable to get in contact with him, he is not answering his door, phone or responding to emails. The builders will not start work until they can access his unit, as they need to come in approx 1.5mtrs into each unit to repair the balconies.

We are now going to incur weekly costs from the builders due to the delay in starting the job. We cannot wait until May for the CTTT hearing to bankrupt this lot owner, we need to be given access to his unit now. Can we bring our hearing forward due to these extenuating circumstances, or can we legally force him to grant access to the builders (what if we can't physically locate him or speak with him?)

This is a stalling tactic he is using, as he has been attempting to stop the works on the building since it was agreed on some time ago.

Would love for someone to advise me on all our options (legally) as we need to rectify this issue immediately and gain access to this persons unit.

Thanks
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Reply To: Reply #14956 in Can the CTTT bring forward a hearing date due extenuating circumstances?

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