- This topic has 2 replies, 4 voices, and was last updated 6 years, 2 months ago by .
-
Topic
-
After I had been waiting several months, my NCAT hearing regarding a fencing dispute with a neighbour, was due to be heard today. It didn’t last very long. Because I had filed the application in my name and not as “Owners’ Corporation Strata 1234”, the matter could not be heard and needed approval of the Owners’ Corporation (ie me and two others) made at an EGM. I spent many hours compiling my brief of evidence according to NCAT’s requirements, including reference to the Strata Plan, and submitted it on time, like 2 months ago. Surely, at some point someone could have said, “Hey, just a minute, you’ve done it wrong.” NCAT must have known that this was a strata matter because that was the first question the NCAT man asked me before “NCAT says No'”. But going back to NCAT will be too hard and the neighbours are too recalcitrant. We are going to have the fence repaired out of our pot and take this as an expensive learning experience. I hope others learn from this and wish you luck with NCAT.
-
Replies
-
I’m not going to suggest that going to NCAT always requires a lawyer, but one needs to be careful when filing claims (in any court).
There is no one in the court scrutinising the claims, so mistakes like this case do occur.
The courts also want to know that a person is not acting off their own bat (rogues), but with the approval of the OC.If unsure, ask a lawyer. It’s probably a few hundred dollars worth spending. You don’t have to engage the lawyer to represent you.
Very timely advice for me thanks. I’m considering going to NCAT right now; see the topic about the sneaky special levy under cover of COVID here under strata committees.