› Flat Chat Strata Forum › Common Property › Work on CP without notice › Current Page
Dear Jimmy
Normally you would be right in this wonderful suggestion. Most committees will find some way to resolve a conflict based on the fact it will end up being cheaper for the building in the long run. I have done all of the above mentioned. Multiple mediations and settlement meetings over the last five years, meetings with lawyers, with mediators, meetings without lawyers. Every time it failed because there was no incentive for the lawyers and barristers and committee to stop the conflict, their incentive is to fight and win, send us broke and stay in power. They do not seem to mind spending the owners’ money. It is very personal. Toxic yes, the only thing the committee wants is to make us move. They have unfortunately been so good at being destructive to our property we cannot move due to continuing litigation and continuing water ingress and damage and un-warrantied works, half tiled balconies, patched leaking membranes etc. No one in their right mind would buy this property. This is also our main investment which has been devalued to the point we cannot afford to sell or else we would have no nest egg for our old age. We also have a frail elderly person living with us with all of the disability needs built into the unit and close access to hospitals. We have made endless offers and all have been refused. Their offers were not offers but extortion, demanding us to pay them money to go away, to pay for work they were ordered to do and take bylaws for work we did not do that no other previous owners were asked to take. We have broken no bylaws, done no unauthorised renos, we pay our levies on time always. We have never abused anyone. I understand your point about the olive branch, we offered this after the appeal and then they put together a scope of works that did not comply with the orders. Every offer of peace was done in writing. We have also won every case so far, the owners are fed propaganda, told we refuse to negotiate and they continue to pay special levies, they should not need to pay for, if the work was done properly in the first place. At this point we will play the long game, we have no choice. We actually needed ‘orders’ because we knew any deal that was struck would not be honoured, and then we would have no recourse. At least with orders we have something. As it is, the orders were not complied with! I would like there to be an opportunity for investigation of and accountability of committees and buildings with long standing conflicts which does not involve a tribunal. Inspections on sight of works and investigative probes into the reason why conflicts can fester like this. Fair Trading needs more powers. Each time we go to the tribunal we get a new member if we had the same member each time there would be a through line and we would not have to start from scratch each time. We have not initiated all of the litigation there has been vexatious litigation started against us and when that happens you have no choice but to defend yourself. The alternative is even more costly. The works were so far $500,00 there would be another at least $200,000 to do. How does one offer to tile and waterproof half a CP balcony and then who is responsible for half a balcony? Thanks for your support, I know you may think we are being stubborn but we have carefully thought out the options and the flow on affect of the unconscionable oppressive and harsh bylaws they are blackmailing us with. We have taken much advice from many people legal and not legal. We won the first tribunal for failure to maintain CP. We substantiality won the appeal and had orders for the works to be done, there were three requests for extensions of time to for the OC to comply during which time the OC agitated two more cases against us. We recently won a case in regards to unreasonable refusal of bylaws. We also won a case over their refusal to do the demolition needed to get to the membrane. It is astounding how far this committee has gone to avoid their duty of maintaining the building. We have now been forced to go back for a renewal of proceedings as we are still leaking into five rooms, our home was not restored to its former state, works were not warrantied and not to Australian standards. The appeal panel refused an extension of time unless we agreed and we did not, they were never going to comply. This nightmare for us is exacerbated by legal firms that have found ways to agitate cases where no conflict should exist and ways around orders and time frames. No one enforces the strata laws or orders, only the individual owner who is seriously disadvantaged in the system. Giving a committee responsibility over works they fought so hard to avoid is like giving the keys of the safe to a bank robber. The owners have no idea how much money has been spent on legals. I know there is nothing you can say or do to help me. I would like to invite you to come and see it. Thanks for responding.