#60516
Jimmy-T
Keymaster

    No, I have not gone down the lawyer road. I am batting for the OC yet it is they who, through the Chair – no meetings for authority – have lawyer-ed up to oppose my claims. I have tried not to get personal at all and this may have been my biggest mistake. I am almost certain the details of this have not gone outside of the (3) SC and two of them may not know the real situation.

    It strikes me that if you were to inform other owners that they are paying lawyer bills to defend an illegal change to common property that benefits only the two owners who organised it, and leaves all the other owners liable for any future problems with the building, they might wake up and support you.

    People respond to the hip pocket nerve being tweaked.  Tell the other owners to demand that the hole-in-the-wall gang don’t use OC money to defend their illegal renos.

    And then persuade them to either instruct the lot owners to restore the damages walls or pay for a by-law taking responsibility for the changes they have made.

    In a building near us, a couple of owners had persuaded the committee that they should be allowed to build an enclosed room on their terrace, with zero consideration for the people immediately above.

    It was on the point of being approved by a EGM with the chair’s tacit support when the affected neighbours did a leaflet drop.  The other owners in the building reacted so strongly that the plan was withdrawn before the meeting.

    Asking reasonable people to behave reasonably isn’t so hard.  All you need is the signatures of 25 per cent of owners to call a general meeting.  That meeting will have two items on the agenda.  Stop the legal action and demand a by-law or restoration of common property.

    You might also consult our sponsors Strata Answers for their (paid) advice on how to proceed. Perhaps you can get a future, renovator-free committee to refund you the relatively modest cost.

    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.