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Post deleted. We expect contributions, even if we disagree with them, to at least be an attempt to progress the argument and not an excuse for nit-picking, point scoring and verbal abuse. – JT
- This reply was modified 6 months, 3 weeks ago by .
You were a tad extreme in point 1 of your answer.
Section 178 of the SSMA (2015) does NOT say the Strata Roll MUST have an owners e-mail address. It says:
1 (c) an Australian postal address, and an email address if the holder has one, if not provided as the address for service,
You stated that
“By law, a losing strata scheme’s expenses must be paid by a special levy so that the owner who won the case doesn’t have to contribute to the action taken against them.”What is the situation if the positions are reversed. i.e. an owner takes NCAT action against the OC.
As in:
(1) an owner initially tries mediation, but after failing to get the OC to repair common property that was damaging her lot.
(2) initiates an NCAT action against the OC,
(3) the OC defends the action, and during the course of play, pays its ongoing lawyers fees from either the admin or sinking funds, but then
(4) loses the case, AND possibly
(5) has to pay legal costs / damages to the owner, and in addition
(6) do the repairs the owner initially requested.Does there have to be a special levy (from which the initiating owner is excused) raised to cover all of the costs, including any lot, as well as common property engineering inspections & physical repairs, as well as all lawyers fees incurred from the start of the complaint / failure of mediation?