#30140

@GeorgeB said:

The OC had a lawyer and to cut a long story short we agreed on a consent order where they would pay my reasonable expenses. So I thought. As I was not a lawyer I confirmed with the Member that before I sign the consent order am I correct to assume that if my claim is reasonable they would pay. He said yes so I signed the consent order.

No sooner am I back home all the owners receive a letter from the lawyer advising that they don’t owe me anything but just to consider my claim.
…………….

Since then the Strata Committee and the Strata Manager have tried to intimidate and bully me to leave based on the consent order, which I have come to understand is now no longer in play or as the tribunal says is not substantive.

The OC are now filing cost applications against me. It’s getting too much to handle.

I hesitate to become involved in this, but here goes….

On what basis do you say the consent order is no longer substantive? Because you say you were misled as to its content and effect and your agreement to it should therefore not stand?

It sounds like a very unconscionable way for a lawyer to behave. Without wishing to muddy the waters too much, perhaps a word to the local Legal Practice Board might distract them from writing any more threatening letters?

On what basis are they seeking a costs order?

Have you made it plain, in writing, to the Executive Committee and the Strata Manager that you are more than prepared to move out as soon as you have an undertaking from the Body Corporate / Owners’ Corporation to meet your reasonable costs of relocating and refurbishing?