#12626
Anonymous

    Thanks for the reply Chris,

     

    I am in NSW – the additions to common property were installed in the initial period of the strata scheme (however it is no longer under in this stage).  I have already obtained an order from the CTTT a return tof common property to the original condition under section 113 i)a) The  order specified “unless proper approval is obtained” and the contract terms for subsequent sales are being used to obtain this “proper approval”.

     

    I would contend that this does not constitute “proper approval” but it is quite a complex issue and the developers resources are considerably more than mine.   

     

    I do have a few questions:

    1. Can a motion to accept alterations to common property passed under section 65a) validate a breach of section 113?
    2. Can the CTTT reverse such a motion (based on either inappropriate nature of the motion or the terms regarding proxies raised by Jimmy above)?
    3. Is the concept of fiduciary duty relevant to applications to the NSW CTTT?  or are applications to be based solely on the Strata Schemes Management Act?

     

    In the event that a motion is passed to accept the panels I will apply for the motion to be reversed by the CTTT (on the grounds mentioned above by Jimmy) and then apply for the order for removal to be enforced.  Does this seem a reasonable approach?

     

    any thoughts are appreciated…