#74022
TrulEConcerned
Flatchatter

    I agree with much of the above. It is highly unlikely that a by-law exists that restricts your communication. If you want to defend your position – that is not comply with a NTC – as Jimmy recommends, get a lawyer. Follow Jimmy’s suggestion and get a quote from the lawyers. In your email to them summarise your issue and the responses you received from the SC and strata manager.

    From my experience at NCAT, if the OC takes an owner to NCAT, it is likely that NCAT will grant an owner’s leave to be represented by a lawyer (i.e you request permission to have a lawyer represent you). You must request permission to be represented, if you want to be represented. It is not assumed by NCAT that you will be represented.

    After all, you could inform NCAT in your request – as the defendant – that you are at a significant disadvantage  given the OC has a raft of members who together will prepare their case with the assistance of  the strata mgr and the OC can also make use of the strata’s lawyer if they choose to represent them at NCAT.

    While NCAT in publications gives the impression that it prefers that no party is represented, I found the opposite. Especially when the defendant, be it an owner or the OC asks for leave to be represented in a complex case.

    With reference to lot owners bombarding you when on the SC or other committee members with chronic emails, please note that in my experience on several strata schemes, I discovered that the SC  is under no obligation to reply to owners emails.  I am not stating that behaviour  such as that by SCs is acceptable,  I am saying that such an attitude by SCs is widespread.

    One SC even wrote to all owners indicating that any communication that the SC deems “rude, intolerant, unjust etc” will not be replied to at all. This of course allowed the SC to define those terms and hence, ignore countless emails.