› Flat Chat Strata Forum › Common Property › Committee orders removal of 15-year-old gate Gate › Current Page
There is no “statute of limitations” that I know of but there are (probably non-legal) principles of accepted practise.
I draw your attention to this discussion about the grounds under which you can demand costs be imposed against the other side in a case at NCAT.
Now, I would be writing to your committee to ask specifically what the problem with the gate is and what you can do to remedy this.
If it is the mere existence of the gate, that is probably not enough. If it is concerns over the future maintenance of the gate, then that can be negotiated – and you are happy to commence negotiations whenever they are ready.
However, if it is in any way a malicious or spiteful move by the committee or any of its members, you will be happy for them to take the matter to NCAT where you will claim full legal costs against the strata scheme for “special circumstances” under which costs may be awarded, specifically, that the matter had limited or no possibility of success and where the claim was “weak, misconceived and bound to fail”.
In the meantime, you might want to talk to our sponsors StrataAnswers who offer low-key, low-cost assistance in exactly this kind of issue.