I took the committee to a mediation session (on behalf of the OC) previously about their absence of good faith when they refused to make available a history of communications with a contractor (for a problem that is 4 years old and still unresolved). They still have refused to make those emails available to me.
If mediation doesn’t result in a signed agreement to act in a certain way, then it is worth nothing more than a box-ticking exercise to allow you to proceed to a Tribunal hearing.
If you go to a tribunal and it is a simple case of the committee refusing your legal right to see all documents relating to the management of the scheme, then you can also claim costs as they will have defended the case knowing that they were in the wrong and had no viable defence. If there are other legal issues in play that muddy the water, then it might not be so simple.
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.
- This reply was modified 1 year, 8 months ago by .