#51447
Jimmy-T
Keymaster

    The strata manager doesn’t want to ‘open a can of worms’ by getting a legal opinion, but we know they have had their own legal advice. We are worried that by doing nothing (and it’s been a long time now) that they’ll just be able to take the land stating that they have looked after it .

    Well might you be worried, reading this story in the SMH today about an owner who annexed part of their neighbour’s property and was granted ownership of it under “squatters rights”.

    The strata manager should be told that opening cans of worms is their job.  A polite but firmly-worded letter to the unit owners, explaining that they don’t own the land, that they need to come to an arrangement with the owners corporation for continued use and they must allow access, should be sent under recorded delivery as soon as possible.

    As for their “legal advice” I”ll bet it’s just a case of being told to sit it out and not allow the owners corp representative on to it, so that can claim adverse possession eventually.

    Get your strata manager a can opener – or get a new strata manager and, most importantly, talk to an experienced strata lawyer about your options.

    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.