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There has been a long-running dispute about allocated parking, where there are three places in dispute.
There appears to have been very sloppy paper work and all parties claim ownership, there has been no easy resolution and to me, it needs to be adjudicated to ascertain the facts.
The owners who do not have parking and believe it should be theirs are now on the committee, it seems to me there may be ulterior motives and there is a conflict of interests.It has been decided by the committee to review and change outdated sections of the By-Laws.
A motion passed that one of the committee members who also is a solicitor and one of the people claiming a parking spot will do this and be paid.Is this a conflict of interest, personally I believe that this should be done by an independent body. I
believe somehow there will be a magical resolution that will be favourable for the people who think
they are the real owners?????
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A motion passed that one of the committee members who also is a solicitor and one of the people claiming a parking spot will do this and be paid.
Well, there’s a breach of strata law right there for a start. Committee members can only be paid retrospectively – i.e. for the previous year as agreed by a majority at the next AGM – for work done on behalf of the scheme.
I would immediately lodge a request for mediation with a view to seeking orders under section 232 that the payments be held over and the issue be taken to an independent surveyor, acceptable to all parties, for resolution. Do it now before this goes too far. Mediation at Fair Trading is free.
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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