Reply To: Costs awarded for objecting to by-law

Whew, thankfully a response to my financial nightmare. I only voted against a bylaw, two years late, but according to NCAT two years late is okay. My thoughts were to have the bylaw modified to allow for a ‘sunset’ clause to the exclusive rights of OC member grab of common property.

But, in unnecessary haste the strata secretary launched a ‘private’ NCAT submission against OC member enclosing common property prior to approved bylaw. I was sucked into the dissent because of my naïveté as a new OC member.

Following the 50:50 split of voting for the bylaw’s approval the OC member launched, via Solicitors, their own NCAT submission based on ‘unreasonable rejection of bylaw’. This submission was conveyed to our strata manager to inform members of necessary ‘mediation’ but our strata secretary rejected the opportunity.

So, NCAT hearing is conducted in conjunction and strata secretary’s claim is overturned and Solicitor’s claim of unreasonable rejection of bylaw is carried.

The senior member of NCAT states the sole driver of this dispute is our strata secretary but because I voted (democratically) my dissenting vote will carry the costs claimed by the solicitor of the OC member who enclosed the common property as part of the unit entitlement. Go figure??