#21209
kiwipaul
Flatchatter

    Yes you are correct the EC or OC taking action against the offender would carry more weight and they would pay all costs out of the Strata funds.

    BUT you are then dependent on the decision of the other 3 owners and if the SM acts on behalf of the Strata they can charge for time and effort (ours quoted approx $2,000 to get a result) which would come out of Strata funds.

    A better result would be to get the OC or EC to pass a motion authorizing the OC to proceed to conciliation and adjudication with you as their nominated representative with full powers to act on the OC behalf against the offender.

    This way the Strata will cover your out of pocket expenses (application fees but not your time) and you will be able to obtain the result you want without any recourse to the OC.

    Your biggest problem will be making sure you comply with all the requirements so read the forms carefully and maybe get the SM to give the completed forms the once over before submitting.

    Doing it with the OC support or without your case is so strong I don’t believe the outcome is in doubt. Just make sure you bring up as many issues as you can that way you will appear reasonable by conceding some of the minor issues (allowing him to keep the awning providing he accepts responsibility for it’s maintenance with a bylaw, allowing him and others to park outside for loading and unloading purposes only, etc).

    Good luck