Forum: Can you force a nasty neighbour to sell?

iStock-1370929578.jpg

Another breach notice - but could it lead to a forced sale?

Somewhere back in the dim and distant past of Flat Chat we may have advised someone that if an owner refused to obey their scheme’s by-laws, they could be forced to sell their home.

Of course, that’s not the case – property ownership is sacrosanct and there is nothing in the Act that allows the other owners in a scheme to get rid of a miscreant neighbour easily or at all.

In our defence, that was about 20 years ago when we didn’t know much about strata law (but we still knew more than most people).

So what can you do when someone moves in who isn’t remotely interested in abiding by your by-laws.  “My home is my castle” is their philosophy and they think they are untouchable.

One such selfish antisocialite is the subject of a plea to the Forum this week.  “Can we force him to sell and move on? No, but there’s a lot you can do to make him wish he lived somewhere else.  That’s HERE.

Elsewhere on the Forum

  • Can an individual committee member get the owners corp to pay their personal legal fees?  That’s HERE.
  • What do you do when you know the minutes of your AGM are wrong but they haven’t been corrected before they are due to be accepted at the next AGM?  That’s HERE.
  • Can you change chairs mid-term? That’s HERE.
  • Neighbour crashed his car into my balcony but he won’t claim against his motor insurance to pay for repairs. That’s HERE.
  • Are sheer curtains technically blocking light? That’s HERE.

How to ask and answer questions

Anyone can read our posts any time but you have to be registered to ask or answer questions. However, there are several easy ways you can search, access, ask questions and reply to others’ queries once you have registered using the green “register and sign in …” box on this page.
The best way may be to click on “Forum: Your Qs & A’s” on the top menu bar on a computer screen or on the drop-down menu (three lines) on the right of the screen on phones and tablets, under the Strata Choice ad. Then click on the topic title that interests you, and off you go.
Alternatively, you can look at the list of “Your latest questions and answers” under the ads on the right of the page on a computer screen. Or at the bottom, after the ads and stories, on a tablet or phone.
Or you can go “old school” and go to the Forum Home Page and work your way through the topics there. Whichever route you take to get there, the best way to keep up to speed with what’s happening is to register (if you haven’t already done so), then login and subscribe for free to the topics that interest you most.
That way you’ll get an alert whenever the discussion moves forward, and you can also chip in with your own comments and questions. Have a look HERE at our instant guide to getting online.

Flat Chat Strata Forum Current Page

  • Creator
    Topic
  • #70822
    Jimmy-T
    Keymaster

      Somewhere back in the dim and distant past of Flat Chat we may have advised someone that if an owner refused to obey their scheme’s by-laws, they coul
      [See the full post at: Forum: Can you force a nasty neighbour to sell?]

      The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
    • You must be logged in to reply to this topic.

    Flat Chat Strata Forum Current Page

    Flat Chat Strata Forum Current Page

    scroll to top