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[Happydaze]

We are a Strata of 36 villa style houses bedevilled by a wealthy and demanding owner who mainly corresponds with the OC through a solicitor.  Attempts at discussion and mediation have proved fruitless.  He invariably takes his demands on the OC to the Tribunal without regard to cost.  He is represented at hearings by a solicitor and a barrister. over whelming the Tribunal member.

Recent Example:

The owner was granted OC permission to tile and seal an existing timber-decked balcony to a first floor bedroom.  In the course of the works the owner had an adjoining large glass sliding door assembly removed and reinstalled.  He stated that it was a necessary part of the approved works to ensure water sealing between the balcony and the building.

The reinstalled door assembly subsequently leaked rainwater into the bedroom.  The SC concluded it was owner responsibility due to his works and declined to repair.  The matter went to NCAT and the OC decision was upheld.

The owner appealed the NCAT order.  To minimise further costs to both parties the OC offered to share 50/50 with the owner the estimated $10,000 to replace the sliding door assembly.  The owner declined the offer and continued the appeal.

The appeal involved getting engineering reports from both sides and legal representation.  The Tribunal member was persuaded to the owner’s case on the grounds of the door assembly being common property.  The OC was ordered to make the sliding door waterproof.

We estimate that the owner incurred at least about $80,000 in costs.  The Strata has spent about $30,000 out of pocket plus a healthy increase in insurance premium for legal cover.  The matter of award of costs is still before the Tribunal.

This owner repeatedly seems to want to punish his fellow owners if we do not bow to his continuing demands.  It places strain on SC members and other owners.  The situation is becoming well known and our property values are suffering.

Is there any way to overcome this problem?

Happydaze

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