#54648
Jimmy-T
Keymaster

    Today I was advised to send in Motions which I will for this and other things. You think I should call the insurer, also?

    Obviously, the NSW strata Act doesn’t apply in Queensland, so forget section 232 (it would have been good if you had reminded us you are in Queensland up front).

    I am neither a lawyer nor an expert in Queensland strata affairs but you might find that a motion to repair the jetty under section 36 (Rights and responsibilities for common property) would get their attention and action under section 276 (below) might be effective if it didn’t.

    As for calling the insurer, you could try without naming the scheme where you live, just on a hypothetical basis, to add some power to your elbow.

    276 Orders of adjudicators
    (1) An adjudicator to whom the application is referred may make an order that is just and equitable in the circumstances (including a declaratory order) to resolve a dispute, in the context of a community titles scheme, about—
    (a) a claimed or anticipated contravention of this Act or the community management statement; or
    (b) the exercise of rights or powers, or the performance of duties, under this Act or the community management statement…

     

    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.