#73522
Jimmy-T
Keymaster

    Forget the forensic examination of strata records

    I’m looking at engaging a professional to do a forensic search of the strata records to see if there has been any correspondence that would prove bias or unfair treatment that I can use at mediation.

    Forget forensic examination of the records. Get an experienced strata lawyer to look at the legality or otherwise of this. Basically the OC would be asking individual owners to cover a shortfall in insurance cover that the OC has used to save all owners in lower insurance premiums.  In other words, they want to save money on the premium then save again on the claim.

    Somewhere in the dim recesses of my brain, and I could be wrong, I think there’s a principle that if a by-law has an impost on an individual, they have to agree to it.

    Otherwise, this smacks of strata committee owners resenting the fact that you have been covered for repairs and received something they didn’t.  So yes, you may be up for a fight and whether or not it’s worth it depends not just on the cost versus benefit, but the “social capital” cost too.  I would go to an experienced strata lawyer and ask if this can be done legally and to send the SC a letter explaining why, if it can’t.

    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.