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  • #50323
    Living-In-2444
    Flatchatter

      I’m a member of a 3 Lot Strata Plan (SP) and I want to put up a small screened room at the back of the lot for my mother who is living in the Unit.

      I’ve been blocked all of the way by the other 2 owners who just give a blanket no to anything I want to do in the backyard of my lot, its a nice size bacakyard.

      The 1 member who lives there has had a large brick room built in her backyard that breaks 4 of our strata by-laws but has been allowed to continue to have it on her lot but anything that we want to do she oppposes and contacts the other lot owner behind the scences and then at the meeting where we put our request in they refuse us to do anything and give no excuse as to why they object.

      The building works we have been told by local council falls under 40m2, has no electricty or water connected and is going down on an existing concrete slab.

      Each time we are told by our strata managers that we could go to fair trading and go from there. I went down to Fair trading and they asked why was it refused and I said they didn’t give a reason, I’ve asked for a reason but they refuse to give one.

      What do I do???

      Confused in 2444

       

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    • #50331
      Jimmy-T
      Keymaster

        I went down to Fair trading and they asked why was it refused and I said they didn’t give a reason, I’ve asked for a reason but they refuse to give one. What do I do???

        Good old Fair Trading – as useful as a chocolate teapot.

        What it seems they didn’t tell you was to raise an action under section 232.  You would go to mediation (an obligatory first step) then pursue them at NCAT who will issue orders.  You might consider throwing in the four breaches that you mentioned as a negotiating ploy for the mediation. If they let you do what you want, you’ll drop the actions against them.

        Either way, don’t leave mediation without a written agreement allowing you to do the work, unless you are prepared to take this all the way to NCAT.

        Or you could just do the work and let them pursue you.

        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.
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