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Jimmy;
Thanks for your comments and we are discussing Strata in NSW.
I agree and know about the by-laws being registered within 2 years etc. but I don’t know about a common law principle regarding a minority. In this case i don’t think it’s important but in saying that I don’t know about this common law.
You didn’t answer my questions about how best to solve this and I understand that legally the by-law has to be registered before action could be taken. However I’m hoping that common sense would prevail before we have to go to mediation.
The reason this disagreement is taking place is because the storage space in question is larger than the one used by one of the Owners and a couple of opportunists have tried to take over the larger space.
The first owner who tried went to the CTTT and had their application dismissed.
In dismissing this application the adjudicator of the Strata Schemes suggested that it was a matter for the OC.
It never went to the OC but instead the EC allocated this common property to an officer of the EC.
We know that the EC does not have the authority to allocate common property.
I might add that both parties have been using their assigned spaces by the builder since 1985 and 1987.
There are many other issues in this that have been going on for 4 years and every one is sick and tired of it.
What we are trying to achieve is a quick solution to the matter without going to mediation but if necessary that will be done!!