Forum: Law breakers want to sue over complaints

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Sad Blonde Young Woman Looking At Neighbor Man Quarreling

Our “star forum post” this week (for want of a better term) concerns a resident of a mixed use block where the proprietors of the commercial units all come from one family.

The trouble is, the businesses keep breaching council and Environmental Protection laws.  Our Flatchatter complains and the Council uphold the complaint.

Is the commercial operators’ response to get the message and mend their ways?

No, they want the support of the other owners to take legal action against the complainer at NCAT for being a “nuisance” by interfering with the peaceful enjoyment of their lots.

They already have enough votes among themselves to carry the proposal but do they have a leg to stand on? 

And if not, how will the other owners feel when they get hit with a special levy for the legal costs when the action fails?

Or is there a chance that you really can be a “nuisance” just by asserting your legal right to complain about neighbours who a re breaking the law.  Read all about it HERE.

Elsewhere on the Forum

  • Can we stop residents from perching plant pots on balcony walls?  That’s HERE.
  • Must you attach an explanation to an AGM motion for it to be put on the agenda?  That’s HERE.
  • Old block of four units, each with a garage.  Who is responsible for the garage door openers? That’s HERE.
  • Who pays for maintenance of a common property hedge that only benefits one end of the block?  That’s HERE.
  • Strata manager and committee say crack in common property wall is “too hard” to fix. Can they by compelled to do so?  That’s HERE.

Who’s responsible for checking and repairing leaking pipes in a renovated bathroom wall?  That’s HERE.

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  • #64683
    Jimmy-T
    Keymaster

      Our “star forum post” this week (for want of a better term) concerns a resident of a mixed use block where the proprietors of the commercial units all
      [See the full post at: Forum: Law breakers want to sue over complaints]

      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.
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