#60701
Sir Humphrey
Strataguru

    I agree with ‘Talk to a lawyer’.

    I suspect that the remedy might come from common law or other legislation, not specifically strata legislation. The OC is one ‘legal person’ who has done something that had an adverse effect on another person (you).

    I think you would be greatly helped by having some sort of expert report that documents and demonstrates the effect of the portico on your unit, even if you think it is all pretty obvious.  I have the impression from a few visits to the Tribunal that they very much prefer having a sworn expert witness who can provide technical advice. They don’t seem to like nearly so much well reasoned and evidenced arguments from non-experts, even if those non-experts are intelligent and the technical matter is not ‘rocket science’.

    I would also assume on the face of it that it was not obvious before that the addition of the portico would have any adverse effect on any unit but it was an obvious benefit to the owners generally. IE I think it can be assumed that there was no malice involved. However, that should not mean that there should not be some sort of compensating remedy now that it seems there was a detrimental effect to you.