#51132
Jimmy-T
Keymaster

    Obviously, there has been a breach and, even more obviously, this has been complicated by the fact that the people normally tasked with dealing with this kind of thing are the culprits.

    Now, this is in no way to be taken as legal advice, but this is what I would do in your shoes.

    First, I would apply for mediation at Fair Trading, making it clear that my intention was to have the common property restored under section 132 of the Act (rectification where work done by the owner) and section 151 (owners not to interfere with support, shelter or supply).  I would also pursue them under section 232 (resolution of a dispute) and section 238 (removal of committee members).

    At this point, you might think that speaking to a strata lawyer might be a good idea – and that is also exactly what I would do.

    At mediation, I would explain to these morons that you intend to go all the way, force them to restore the wall, remove them from the committee and have costs awarded against them.

    Then the choice is theirs – fight and lose or don’t fight and lose.  Either way, they are going to lose, but one is less expensive than the other.

    Personally, I would not accept anything less than that triple-whammy. If you don’t wish to talk to a lawyer, at least speak to our sponsors StrataAnswers.

    This seems like an open and shut case … which is why the miscreants will probably fight it every inch of the way.

     

    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.