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Apparently the NSW Act is being reviewed with a discussion paper being produced in October 2020 and allowing 3 months of consultation. If nothing else is changed I just want to see a whole seperate section on the Initial Period added to the Act. When you have a developer who slithers and manipulates his new to Strata first owners, and denies that the Act requires him to do certain things eg establish a Strata Committee, or places Limitations on what he can do on common property eg erect a carport directly underneath a bedroom window or erect cheap sails across the front of the building, then it needs to be set out clearly.
In addition it would be helpful to look at the special resolution voting requirements which requires not more than 25% of lot entitlements in attendance to Vote against the issue To enable it to be carried. Developers can manipulate the lots to favour themselves even when every other owner wants to have something done. We are a 14 unit block with the developer owning his holiday unit plus 3 smaller units which gives him an entitlement of 33%. This means he can block everything that the other 10 Resident owners want to do such as erect a clothesline. It seems unfair that people have no place to hang washing due to not being able to get the special resolution carried. He has also blocked the installation of solar power on the roof.
it is to be hoped that lots of people think about what is wrong with the current Strata Schemes Management Act in NSW and respond to the discussion paper in November and December.
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You can always seek to have reasonable by-laws and improvements imposed on yourselves through action at NCAT. If a substantial majority want to have things done, then the Tribunal is likely to be symapthetic. You might also seek costs orders, just in case chummy decides to be obstructive again.
Oh, and you could hire a lawyer, knowing this bully would have to pay one-third of the costs and it only takes a simple majority decision.
Or you could wait until the new law allowing “sustainable” improvements to be done by a simple majority vote comes in. There’s nothing more environmentally friendly that an outdoor washing line.
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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