There’s something about strata living that brings out the “bush lawyer” in many of us. Partly it’s because we are subject to rules and regulations that sometimes don’t make sense in isolation.
And there’s the fact that these rules are often imposed by people who do not fully understand strata law themselves but are happy to make judgements based on their flawed knowledge (been there, done that, bought the teeshirt).
It’s a ripe area for the application of the Dunning-Kruger effect which explains how individuals’ lack of knowledge gives them the confidence to feel they are experts, then as they learn more, they realise how little they knew and their self-belief evaporates (see previous bracket).
But there’s another aspect to that: the loophole finder. This character thinks they have found a way to circumvent the rules and regulations because of one flaw which they believe must undermine anything that prevents them doing what they want to do.
We think it’s a result of people watching too many hours of American TV courtroom dramas. They say things like “fruit of the poisoned tree” and “Don’t settle. Don’t negotiate. Don’t back down.” We call it The Good Fight effect.
Take the owner in one Flatchatter’s block who has discovered that the old by-law governing changes to common property, specifically the installation of air-conditioning, has never been formally repealed even though a new one has been passed and registered.
Rumpole of the Strata has applied to install an air-con unit under the less restrictive terms of the old by-law, arguing that since its repeal was never registered, it remains as an option. Is this the case? Read all about it HERE.
Elsewhere on the Forum
- Nasty, destructive and disruptive neighbours are moving out. How do we guard against accidental damage and deliberate acts of vandalism as they leave? That’s HERE.
- In NSW, proposers of a motion at an AGM can provide up to 200 words of explanatory notes. If the committee disagrees with the motion, can they also provide arguuments against? That’s HERE.
- The majority owner in a small block has died, probate has not been concluded and the AGM is due. Who can vote for those units? That’s HERE.
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