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- I would really appreciate advice about what to do about an owner who after having his motion at an AGM to have exclusive use and access to a walkway on common property (CP) rejected, then proceeded to block off the access path to other residents without approval.
- This owner then covered over pavers on this CP access with pebbles and soil to make it appear as if it is a garden, not a pathway.
- The owner then painted over Common Property ceramic patio tiles without Strata committee knowledge or consent, which subsequently peeled within days.
- This owner also has painted the CP first floor balcony floors and drilled into CP walls to put up decorative pots and ornaments.
- He has only days ago listed the Unit for Sale.
What actions can the Strata committee take to rectify this situation and make this owner and future owners responsible for the damage and unauthorised alterations made to common property which belongs to all owners. As the secretary of the strata committee I would appreciate your advice as long as it is legal.
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FYI: You can make complaints about lawyers via the Office of the Legal Services Commissioner (Not the Law Society, as I said above). However, the Law Society website has a very helpful guide on the grounds for potential complaints, including Unsatisfactory Professional Misconduct which “includes conduct of a lawyer occurring in connection with the practice of law that falls short of the standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent lawyer” (section 296 of Legal Profession Uniform Law (NSW)).
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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