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Yes the complainant was arguing the fairness test, which is subjective, but I didn’t think it would hold any sway. I’ve spoken to about 6 different people in different strata schemes and all agree that they also would not grant this to a unit owner.
There’s a sort of trust system with strata that if we all follow the logic of what is and isn’t in the law, or what you often find in the “what’s in and what’s out” fliers, or based on advice from strata management, that we all get along better. Sometimes we don’t get what we want and get out voted and we cop it sweet. This person decided to take it to NCAT instead.
We don’t want to set a precedent where we go outside of this common view.