› Flat Chat Strata Forum › Strata Committees › Can SC members be sued by the OC? › Current Page
Just because NCATsays their behaviour is not in good faith is not enough to take action.
There is a level of proof required to get a prosecution. Remember thst it’s going to be a civil case. Who is going to pay the legal bills?
For the OC to engage lawyers requires a resolution at a general meeting. Maybe other owners are not thst keen to spend the money
Also the committee member may call on the OC insurance to indemnify their legal costs. They then have deep pockets, and deep pockets often win court cases.
So whilst technically it’s possible to sue a committee member, there are a number of obstructions in the way.
My advice always to people considering litigation is do you want to recover a loss, or do you just want to be right.
Even if you win the former, their can be a high emotional and monetary cost.