Re: Adjudicator order – now SM is changing By Laws – where do I stand?

@kiwipaul said:
I believe you will be ok.

The adjudicator says

Long story short – The adjudicator has ordered the installation in the location that I have requested and found the SM unreasonable in their refusal of my request.

So a bylaw that conflicts with a ruling would be very unlikely to be enforceable and that is the crux of it. They can pass any number of bylaws if they have the numbers but their (of the bylaw) validity is not checked on registration it is only tested when they go to adjudication.

When you won at adjudication you must have had a valid case and that case hasn’t changed just because the Strata have moved the goal posts. But as Whales says get it installed before the new bylaw and then they would have an even harder battle.

Thanks KiwiPaul,

I am not clear on the power of the Adjudicators order, realistically if an SBL could override an Adjudicators order then what is the point of having an order sought??

My gut feeling is they will issue a notice to comply post the AGM under the new Bylaw with a whole new process for me to go down (this has already been 6 months)

I am considering getting legal advice and would like to know where I stand before I go down that expensive road…