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Further question, in your personal opinions, what do you think is the reasonable thing to determine here?
I found the following definitions based on the Viridian case in the High Court.
- ‘Reasonableness’ means that an objective test must be applied to the subject matter in order to determine whether or not a Body Corporate has acted reasonably; and
- The requirement that a Body Corporate must always act reasonably in its decision making, applies also to the Body Corporate Committee and to the lot owners.
We are cautioned that all parties should always act reasonably, based on what might be considered by a reasonable person to be a reasonable decision.
Is it reasonable for the EUA plan to be amended to reflect the current structures? (given they’ve been in place for almost 10 years and we didn’t put them there and they’ve been entirely uncontested AND we could have had the lines redrawn IF the BC Mngr had told us there was a problem as soon as she found out? And, we’ll be severely impacted by the proposed changes, etc etc)
OR
Is it reasonable that the current owner be restored the entire area for her EU only? (For the plain and basic objective reason that that is what it says on the EUA plan and that’s all there is to it?)
What would a reasonable solution be?
What would a reasonable person do?
(Surely she hasn’t acted reasonably by:
- declining to tell us about this when her solicitor instructed her to tell us before she purchased (surely that’s unreasonable?),
- beginning construction without permission a few days B4 Xmas,
- ignoring orders from BC,
- ordering us off “her land” with one day’s notice,
- not approaching us in a manner in which we could adjust to the change and perhaps have an amicable relationship with our neighbour,
- planning to construct structures adjacent to our living area thus permanently changing our enjoyment of our home,
- making an awful situation much worse by treating us with utter disrespect and disregard.
Surely that’s not reasonable.)
In her mind she has a RIGHT to do this but that doesn’t make it the RIGHT thing to do.