› Flat Chat Strata Forum › Common Property › my place or yours – workmen on common property › Current Page
18/07/2013 at 4:21 pm
#19025
struggler this lot owner seems to be taking advantage of the situation with the OC and SM being apathetic and just looking for a quite life ( in a legal sense)
You can however take action yourself via conciliation and adjudication for his breaches of bylaws and ignoring the provisions of the Strata act.
If he is making changes to common property (he needs EC approval and a bylaw requiring 75% in favor), parking in drive or visitor parking bays, damaging common property, obstructing common property, etc he can be taken to CTTT and be made to comply with the Act.
Taking action against him you can list all his breaches going back years to show his unreasonable attitude and ask the Adjudicator to make him restore the property to it’s original condition, and desist from ignoring the bylaws.
Even if the OC is apathetic if you explain to them that these changes without a bylaw mean the EC becomes liable for there upkeep might deter them from going along with this lot owner.
A single case at CTTT can involve numerous different breaches and he would have to defend them all.
I know the SM or OC should be doing this but their is nothing to stop individual residents doing the same (cannot issue a NTC as only EC can do that).