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Unfortunately I have the SC from hell, last Friday the Tribunal member found in my favour to built a 1.8m high security/privacy wall to be replace a 1m high balustrade.
I have now been informed by a committee member: “I have since confirmed with solicitors here at Legal Aid NSW that as the proposed fence is on common property, you will not have authority to project manage the build. The Body Corporate would have responsibility to build the wall if it is approved by owners at an EGM (subject to DA approval, costings, specifications etc being provided by you).”
This is another poke in the eye, I am qualified to project manage this wall, how can I find out what the legal requirements are please?
Thanks and keep up the good work.
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I’d call BS on the committee member. Legal aid only helps persons , not body corporates, and only for criminal cases.
In any case ask for the written advice from legal aid. Bet he cant show it.
What did the tribunal rule? Does it matter who builds the screen? If the tribunal has ruled the screen needs to be built and it’s on common property, the OC has to do it in reasonable time. Let them deal with council and builders.
If it is common property it’s the choice of the OC in terms of materials and design.
If you want to do it to your design, and you want to pay for it, then you will need a bylaw.
That’s another can of worms.
Probably won’t need a by-law if the Tribunal has ordered that it is allowed. But Kaindub is right, and the wording of the tribunal’s ruling is critical.
Prsonally, I’d be asking if the OC wanted to go back to the tribunal for orders, at which point I would be seeking monumental costs.
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