Topic: Who should apply for Mediation resulting from Noise (New Floor) – FLAT CHAT

This topic has 3 replies, 3 voices, and was last updated 11 years, 2 months ago by .

Creator

Topic
29/06/2015 at 1:21 pm #10090 Reply | Quote
Enough of Strata
Flatchatter
We have an EGM scheduled shortly (NSW) and on the Agenda is a motion for the OC to take a Lot owner to Mediation resulting from a noise complaint from 2 Lot owners (both of who are EC members).

It appears that these two are the only complainants, and have arranged for the Strata Manager to sent letters to the offending Lot owner to rectify the situation.

My concern is that it is possible that each of these / or both together could make the application for arbitration themselves and it is not necessary for the EC to take this action itself.

This would not incur the OC with the expense, and as the persons involved in the dispute would need to attend personally the arbitration, should there be no agreement they are the ones who would end up taking the matter to the tribunal.

I consider it an “Issue” where it could be perceived that the EC members were using the OC to solve at problem at the expense of the other owners, particularly where Lawyers (and higher expenses) might become involved.

I consider it best that the affected owners actually take action and not the OC. Which is the best way to proceed? Any suggestion on what can be done.
Creator

Topic

Reply To: Reply #23786 in Who should apply for Mediation resulting from Noise (New Floor)

PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.