#18790
Jimmy-T
Keymaster

    I agree with pretty much everything Whale and KP wrote except for this:

    The EC have to apply the rules fairly to everyone they cannot apply them selectively, so if other have been allowed to you have the same rights. 

    ECs change and they often get turfed out because they have made bad decisions and allowed things that shouldn’t have been permitted. You can’t use previous bad decisions to apply to your case just becasue it’s not fair.

    I would say precedent might apply if you felt you had been the victim of a bad decision and the EC had interpreted its by-laws and strata laws properly on a previous occasion.

    But you can’t use a precedent of a previous wrong decision to allow you to make the same mistake. That won’t fly at the CTTT. There are no “rights” conveyed by precedent in strata.

    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.