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The Owners in our strata plan are at our wits ends. We have one owner in our block who keeps making unsubstantiated and vexatious applications to OFT and the CTTT in an attempt to derail our ability to run the block effectively and overturn decisions of the majority that he doesn’t agree with.

This has also spilled over into the local court system with a cross-claim against us for hundreds of thousands of dollars that was eventually dismissed. We have spent the last four years engaged in some kind of legal action defending ourselves against this person’s unsubstantiated claims, or defending ourselves from the repercussions of his actions. He has had absolutely no success – each of his applications and appeals in the CTTT has either been withdrawn by him (after wasting months of our time and thousands of our dollars) or dismissed by the CTTT. The financial and emotional cost to the other owners has been significant, and we live in constant worry about what he will do next.

We know from comments that he has made to several owners that he intends to continue with further applications against us. We can’t afford the ongoing stress, not to mention the financial costs. It is causing people to sell their units to get away from the situation, and causing huge stress to the Executive Committee.

We have asked our barrister about the prospects of having this person declared a vexatious litigant, but he advised that it is an expensive and difficult process, and that our prospects of success would be low.

Coupled with all of this, we believe there may be some mental health issues at play. The behaviour and actions of this person are completely irrational, and nobody can have a sensible conversation with him. He cannot be reasoned with, even in the face of overwhelming evidence that he is in the wrong.

Can anyone offer advice on what we can do to limit future damage from this person? Is there a way to prevent an owner from making future applications in the OFT and CTTT? If we truly believe his mental state is driving this destructive and damaging behaviour, is there anything we can do about it?

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