Firstly. you can assume that you are not the only owner being disadvantaged by this obvious “gaming” of your strata schemes finances.
So get in touch with other owners and discuss the possibility of hiring a specialist strata lawyer to help you sort this out.
Initial consultation should be free at which you should be given a reasonable idea of probable expenses and the likelihood of success or otherwise.
The State Administration Tribunal has the capacity to sort out a lot of the problems that you have reported – not least the complete disregard for strata law and fair dealing.
If you haven’t already done so, you will find their guide to strata living available for download here.
If your internal dispute processes (as outlined in your by-laws, if at all) have failed to achieve a satisfactory resolution, the SAT can rule on any or all of the following:
Some of the orders which SAT may make include:
- to settle disputes or complaints in relation to a scheme.
- varying the amount of strata levies or the manner in which these are to be paid.
- various orders in relation to by-laws made by the strata company, or where the strata company has refused to make certain by-laws.
- that strata levies are to be apportioned on the basis of unit entitlement or on some other basis.
- to change the schedule of unit entitlement on the strata or survey-strata plan.
Talk to your neighbours, have a look at THIS FACT SHEET and consult a specialist strata lawyer (it will have to be a specialist – your family solicitor or general conveyancing lawyer is unlikely to have the knowledge or experience).
And yes, you will have to get some sort of surveyor in but if the people who are rorting the system put up too much resistance, they could end up footing the bill.
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.