› Flat Chat Strata Forum › Talkin’ ’bout a renovation › Lot gate (formerly common property) needs repair › Current Page
This may get caught up in the Dividing Fences Act. I had an opposite situation wherein the Body Corporate (BC) had two goes at fixing part of a brick wall because the MS “Recommended” that it was the responsibility of the Body Corporate. The fixes didn’t work. However four years later the BC decided that the wall was a 50/50 proposition, I think because I had challenged them on other issues in the meantime. They got legal advice which decided it was a Dividing Fence. Pretty easy when the BC is picking up the bill. An NCAT appeal by me was dismissed and as Jimmy says in another forum, NCAT are not interested in the morality of an issue they will just look for a legal clause they can use to justify their decision.
The actions of others as they affect us , I see dividing into two area. Things that are morally questionable ( but strata legal) and things that are strata illegal.
The tribunal will not solve nor entertain the immoral behaviour ( unless it is strata illegal). If you are going to start action through the tribunal make absolutely sure which part of the act you are going to rely on.
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