#78016
Jimmy-T
Keymaster

    You might write to the committee and aske them to explain to the other owners about the costs that they are going to have to pay when they lose this fight. If this was happening to me I would write something like:

    “Please discuss at your next committee meeting and  explain to all owners in the scheme that you intend to embark on a legal challenge that is likely to cost them (but not me) a lot of money.

    “Under Section 90 of NSW Strata Law, expenses from a failed legal challange against an owner  must be paid out of a special levy from which the owner who wins the case is excluded.

    “Also, you may not charge me with “costs” as they can only be ordered by a tribunal under very specific and narrow circumstances, as defined by Section 60 of the Civil and Administrative Tribunal Act (2013) and explained by this factsheet,  none of which will apply here.

    “I think it’s only fair to other owners that you inform them of the potential consequences of this clear attempt to bully me into accepting your inaction, in refusing to fix a problem that would cost you very little to remedy.

    “Those consequences include a special levy to pay for your legal adventures, to which I am not required to contribute.  Owners have a right to know what you are planning to gamble their money on.

    “They should also be advised that it would be a lot less expensive just to fix the problem than fight the issue, lose the case, have to bear the expenses, then have to fix it anyway.”

    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.