Flat Chat Strata Forum Strata Committees Current Page

  • Creator
    Topic
  • #11468
    SparkleMoppet
    Flatchatter

      I live in a townhouse complex with in excess of 20 lots.  The section that I live in is around 2 years old.  It has come to light that 4 people have fenced off areas of common property for their private use.  It is not a small amount of common property – in total it is larger than the largest lot in the complex. Most of it is also attractive river front land.  On top of this, 3 of the owners are members of the 5 person Owners Corporation Committee.  The fourth lot of land has been acquired by the developer who does not own any of the lots.  He uses the common property that he has fenced off to store commercial building materials.

      I, along with a number of other residence have submitted complaints in accordance with the Model Rules.  There will be a meeting in a little under two weeks between the complainants and the respondents.  Given the massive conflict of interest on the part of the committee members who have taken common property is it reasonable to ask (or insist) that they resign from the committee until such time as the issue of the common property is resolved?  The people who have taken the property insist that they are going to ask to buy or lease the land – they refuse to give it back.  They will not get the votes necessary to do this.  It is clear this issue will end up at VCAT.  I have read many of the VCAT decisions and it seems that every time somebody has taken common property VCAT makes them give it back.  Is there any chance VCAT would allow them to have it?

    • You must be logged in to reply to this topic.

    Flat Chat Strata Forum Strata Committees Current Page