#25223
justsaying
Flatchatter
Chat-starter

    Thanks Jimmy.

    I have read the SCA but again there are a lot of so called” grey areas” . Ask the SM and they dodge  questions because they are not lawyers, although one was heard to recommend to OC not to pass a by law with amendments agreed to…i.e incorrect spelling. NCAT suggested this was a good compromise in order to find a resolution for all concerned.

    Yes i understand the difference. My understanding is that common areas that have exclusive use for one lot owner belng to OC as part of the strata plan. Maintenance refers to who has the ongoing maintenance of a lot.

    A change that requires a by law on the common area i.e. still remains as common area pertaining to that lot. However  the  change in the by law where the owner undertakes maintenance and repair of the changed surface  ( tiles/ pavers etc) that by law does not include change of ownership to owner as the undersurface still remains part of the OC property…i.e balcony structure, drainage etc.? 

    the lawyers involved…. Both leading strata lawyers! One, I suspect , who thrives on ongoing litigation! 

    what chance do we have? Going to NCAT? That is one flip of a coin where not everyone is a lawyer and often miss the critical and supplementary evidence.

    Thanks so much for your continued advice