Access to legal documents

Hi, 

Our strata has been engaged in a long and expensive campaign to recover costs and get compensation for construction on a neighboring property 11 years ago that resulted in damage to the boundary wall, subsidence causing damage to our driveway, and encroachment by a small amount across the boundary.

That’s right.. 11 years ago.  Let’s just say, there has not been competent management of the issue.  To date, the OC has spent $125k in legal, consulting and engineering costs.  Strata fees are 50% above average and we’re regularly hit with special levies.  We are no closer to a result.  

The campaign is going nowhere.. but there is a deep emotional investment on the part of some long term owners to punish the neighboring strata and recoup these costs (discussion of taking legal action against former SM’s, former EC member, the local council, the certifying engineer…) 

There are three new owners, and a fourth property is going on the market, and we’re making headway toward ending this debacle.  

However, the EC and the SM are highly secretive and will not share legal correspondence and advice that could bolster our case to end the battle. 

Legal invoices reference key documents that we would like access to (for example, a complete file of all correspondence and advice from the past two solicitors, prepared by our new solicitor (that’s right…there have been three solicitors).  Also, reference to emails sent to the SM, preparation of briefs for consultants and letters of advice from experts. 

Do all owners have a right to view any legal documents?  We have inspected the records at the SM, and very little documentation is in the files.  How can we get access?  Can we contact the solicitor directly and ask for copies? 

Help and advice greatly appreciated.