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Hi Jimmy and fellow Flatchatters –
A jolly little stoush is brewing in our 32-unit complex in Sydney. I installed a security door to permit airflow, etc. The By-laws permit this, and the permission of the Strata Committee is not required. All the doorways in the complex are unusually wide (840 mm) to allow access by wheelchair. On visiting Bunnings, I found that only one style of door came in at 840 mm wide – all the rest are 760 or 815 mm. Enquiries at the special-order desk about the availability of other doors 840 mm wide elicited a shrug and the information that they are all made in the China, trade was disrupted by COVID and nothing could be done in the foreseeable future. I bought the only 840 mm door in stock.
Someone on the Committee does not like my door. I get phone calls and e-mails from the Strata Manager saying there was once an agreement between occupiers on my floor to install only one certain style of security door (there is nothing in the By-laws along these lines), and therefore I must remove my door and apply to the Committee. I cannot be bound by a private agreement to which I was never a party and of which I had no knowledge, surely.
I repeat, there is nothing in the By-laws about this.
There are two other security doors installed in the complex that are the same pattern as mine, though not on my floor.
Do any of your gentle readers know of any relevant case law or NCAT rulings?
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