How do I apply for NCAT orders for s65a to remove unapproved works

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  • 22/10/2016 at 2:38 pm #10691 Reply | Quote
    Anonymous

      I live in a small block of 6 in NSW. I am on the Exec.

      Quick background ;  the  ( secretary ) decided to help themselves to the common property courtyard. 

      Firstly they got a by-law to install fold doors to open out onto the common area courtyard. So far so good (for them anyway) Their unit is the only unit that is surrounded by the courtyard.

      Now the problems start; without any permission ;  paved the area outside the new doors to form a paved courtyard area, (and increase the floor area of the apartment),  installed clothes line,  erected a child safety gate  across the pathway leading into the courtyard ( really to block people out as it was always closed ),  installed planter boxes and then fitted it out with tables chairs decorations etc and used it pretty much exclusively.

      It appears that everything was paid for by the O/C under the guise of a “garden maker” – also never specially resolved. SM claims small strata plans don’t follow act to a tee just in principal agreements.?

      In 2011 AGM this person was told to remove most things including paving. Only a few pavers where to remain for a step. (not specially resolved) Paving still remains making a lovely area for them when the by-folds doors are open  (no other balconies in this block)

      I purchased in 2014 and found out later when other EC members told me. They are sick of major disputes with this owner so i decided to get involved and follow up.

      Appears SM loves this owner (renewed their contract without any agenda at last AGM. Very happy with the service the owner stated!)

      After several requests initially ignored,  SM sent breach letter under 65a to lot owner.(they also chaired the AGM in 2011)   

      In the letter they stated the Owner had 21 days to remove paving or the owner could apply for a motion at next AGM to have it specially resolved.  I objected stating the letter is worthless on that basis and OC already told them to remove it. They just send back silly emails defending owner saying nobody except me cares – run away.

      How do I get rid of this paving. Can i simply remove it?

      Its below our windows and idiot tenants have parties on it until 3am.

      What sections to apply Orders under (138 I think).  Do i apply against strata plan/strata manger for fail to follow act or lot owner?
      Can I use community justice centre instead to do the mediation ?.
      Any advice or warnings or perpetration notes, experiences are welcome.

      Thanks

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    Reply To: How do I apply for NCAT orders for s65a to remove unapproved works
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