#25385
Jimmy-T
Keymaster

    I held off replying to the original post becasue I was trying to find out what had happened with a friend who had the same issue with and adjoining terrace hose where the neighbor, an architect no less, concreted his entire garden with no drainage, causing all the rainfall to run off into hers.

    The concreting, was illegal, of course but the architect was able to prevaricate and dissemble effectively that my friend ended up deciding that she was paying more than it was worth to lawyers (and architects) and she just gave up.

    Whale’s advice is sound and worth pursuing. If that doesn’t work, there is an obscure clause in the SSMA relating to adjoining strata schemes where you can apply for orders to settle a dispute between them.

    Oddly, though, it reads as if you can only apply if the other scheme consents. Seems a bit daft if a possible dispute resolution depends on one half of the argument giving their permission to be taken to a tribunal.

    Anyway, here it is:

     

    139. Order for settlement of dispute between adjoining strata schemes

    (1)  An Adjudicator may make an order to settle a dispute between 2 strata schemes if:

    (a)  the strata schemes concerned are contiguous, and

    (b)  the matter in dispute is not regulated by or under any other Act.

    (2)  An application for an order under this section may be made only by an owners corporation for a strata scheme involved in the dispute.

    (3)  An order must not be made under this section unless the owners corporation for the other strata scheme involved in the dispute consented to the making of the application for the order.

    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.