stressed said:
I acknowledge that there is no specific section in the NSW legislation stating that a by-law must not impose a monetary liability on the owner of a lot (other than an exclusive use by-law) as there is in Queensland.
And there you have it. That’s why it’s illegal in Queensland – because the law says so.
The OC, in my strata block has refused to return renovation bonds even though there has been no damage to common property.
And that’s your problem – not that the law is not being interpreted correctly, but because your committee are crooks. There are options for you under common law. Send them a bill then take them to court when they don’t pay it. Then take them to NCAT and have the main culrpits removed from the committee by an order of the tribunal.
You are reading the wrong parts of the law and trying to make them something they aren’t. You could take your arguments to NCAT and try to get them to rule on it. But you will lose – and not because they are biased, but because you are trying to make the law do something it was never intended to do.