#29201
Lady Penelope
Strataguru

    If the only reason that was given by the Committee for refusing your application to install a power point was that you “may indulge in some nefarious use of this power point because it was in a room out of sight!” then in my opinion the Committee’s decision was “unreasonable”.

    The Committee should not have denied your application based on a mere presumption that you are the type of person that would commit some type of nefarious act when out of public sight. For the Committee to assume guilt in advance would appear to be grossly unfair. 

    In previous Tribunal rulings, the Tribunal has held that if the Committee required more information from an individual then the onus is on the Committee to request it.

    The Committee could have asked you: (1) Why you needed a power point? (2) What electrical appliances you intended to use? This could be relevant if common property insurance would be impacted. (3) For how long you intended to use the appliances? This is relevant if the power to be used is common property power, and would therefore burden the owner’s corporation electricity costs. (4) What financial contribution you intended to make to compensate for any common property power use?

     If you believe that the owners corporation acted unreasonably in withholding its consent, you may:

    (a) lodge a Fair Trading mediation application with the owners corporation and, if this is unsuccessful or has been refused by the owners corporation;

    (b) lodge a strata Adjudication Application.