#25251
Jimmy-T
Keymaster


    @justsaying
    said:
    Thanks, interesting comments and quite depressing! I agree most people dont care….until it impacts on them, then its different! It confirms my opinion and clarifies why so many find strata living is  becoming such a hostile environment .

    You have posted a number of questions on a number of topics so you are clearly unhappy with your current situation. This is not exclusive to apartment living. In fact, it is arguable that it’s harder when you live in a house with a nasty neighbour … then you really are on your own.

    I think when the Strata Act was implemented there wasnt enough thought into the way one is compromished unless one accepts that cowboys rule the day.

    The fundamentals of the current Act were written 50 years ago. No one could have anticipated the growth of strata to its current levels.  However, everything changes on November 30th when the new laws come in. 

    Most law abiding owners are horrified that common law is thrown out the window in Strata.  

    Common law can’t be “thrown out of the window”.  Strata by-laws can’t subvert superior laws.

    Mortified if one dares to speak out and be branded a pain the backside” or worse!!  To find oneself having to knock on doors to get support with the knowledge that the EC Secretary has all owners details at their fingertips and usually has already canvessed for votes.

    Most people mostly act out of self-interest: it’s human nature and certainly not exclusive to strata.  Only you can decide if your issues with your committee are worth the effort of trying to change people’s minds.

    To challenge this particular act is largely untested and given the threat of having  to pay OC costs if you challenge. NCAT decisions its easy to understand reluctance to persue these hellish and vindictive EC’s.

    Paying the owners corp costs is highly unlikely if you have a strong case. Just be sure of your grounds before you act.

    There is no lobbying to amend the law to improve this area its all about developers, selling off etc etc.

    The laws are changing on November 30, largely as a result of people like OCN, strata managers and lawyers, and, dare I say it, this website and its associated newspaper column demanding change.

    there is no legal aid available as in other sections of law.

    NCAT is designed to be a low-cost option that doesn’t need legal representation.  That’s why both sides have to apply for permission to use lawyers.

    For those curious, in NSW lawyers charge you for them to call you @ $88.00 per hour plus the costs  of around $5000.00 for a simple case with no certainty of a positive result. 

    Most strata lawyers will give you an brief, instant assessment, free of charge, of whether they think you have case worth pursuing.  But no lawyers in any field guarantee results. That’s why they always “offer opinions” rather than state facts. 

    Apologises  to those wonderful schemes who do act with integrity , respect and transparency you are the diamonds in the rough!   

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.