[new2newy]

Whew, thankfully a response to my financial nightmare. I only voted against a bylaw, two years late, but according to NCAT two years late is okay. My thoughts were to have the bylaw modified to allow for a ‘sunset’ clause to the exclusive rights of OC member grab of common property.

But, in unnecessary haste the strata secretary launched a ‘private’ NCAT submission against OC member enclosing common property prior to approved bylaw. I was sucked into the dissent because of my naïveté as a new OC member.

Following the 50:50 split of voting for the bylaw’s approval the OC member launched, via Solicitors, their own NCAT submission based on ‘unreasonable rejection of bylaw’. This submission was conveyed to our strata manager to inform members of necessary ‘mediation’ but our strata secretary rejected the opportunity.

So, NCAT hearing is conducted in conjunction and strata secretary’s claim is overturned and Solicitor’s claim of unreasonable rejection of bylaw is carried.

The senior member of NCAT states the sole driver of this dispute is our strata secretary but because I voted (democratically) my dissenting vote will carry the costs claimed by the solicitor of the OC member who enclosed the common property as part of the unit entitlement. Go figure??

[new2newy]

Flatchatters should read the very first post in this thread to understand what the following is about.  A brief explanation of when the following landed or who it’s from and what it’s for would have been helpful. -JT

FYI
Motion 1. Confirm Previous Minutes
The minutes of your last general meeting will need to be confirmed. This motion confirms the accuracy of the minutes and an owner/s may move that the minutes be amended. A copy of the previous minutes were forwarded to you shortly after the last general meeting, or by your solicitor or conveyancer on purchase of your lot. If you have not received a copy of these minutes please contact our office.
Motion 2. Removal of fence Lot 1.
The Owner of Unit 1 has installed a fence on common property without the approval of the owners corporation and without registering a bylaw as required under Section 108 of the act. The fence extends over common property which has increased his lot size at the expense of common property. This motion is to seek removal ofthis fence and to restore common property to its original condition.
Motion 3. Removal of Awning From Common Property Lot 1
The Owner of Unit 1 has installed an awning which posts encroach over the common property without the approval of the owners corporation and without registering a bylaw as required under Section 108 of the act. The approval in principle provided by [the strata manager] approved the awning on the understanding it would be solely within the front courtyard airspace.
Motion 4. NCAT Application for fence
This motion has been put to allow the owners corporation to take further action, if the owner of Lot 1 fails to comply with the decisions of the owners corporation in relation to motion 2.

[Author]

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