#25615
Jimmy-T
Keymaster

    @gusmich said:
    How do I get rid of this paving. Can i simply remove it?

    This is someone else’s property, so no. You can ask the Owners Corp (in writing)  to remove it and charge the individual the cost of removal and if they fail to do so (within two months) apply for a Section 138 orders.

    Its below our windows and idiot tenants have parties on it until 3am.

    Then you should be asking for notices to comply and calling police for noise created after 10pm during the week and midnight on weekends.

    What sections to apply Orders under (138 I think).  Do i apply against strata plan/strata manger for fail to follow act or lot owner?

    Section 138 is for orders compelling the Owners Corp to do something. There is little point seeking orders against the strata manager as they only do the bidding of the Owners Corp (theoretically).

    If you have the standard by-law #4  (which you probably will if the building is pre-1996), it says this:

    An owner or occupier of a lot must not … use for his or her own purposes as a garden any portion of the common property.

     So you could pursue the lot owner for a breach of by-laws.

    Can I use community justice centre instead to do the mediation?

    Yes. Click on this link to Fair Trading’s page on mediations.

    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.