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  • GeorgeB
    Flatchatter
    Chat-starter

      With no disrespect to any Strata Lawyer, when I asked the member why he can’t make a ruling on this he told me that one doesn’t exist and from what I gather they are avoiding making one.

      Getting a strata lawyer involved would mean that I would be paying for NCAT to formulate a ruling, which I believe through this process they don’t want.

      Does this logic make sense to you Jimmy?

      Hence, why a Supreme Court judge or someone who knows one is that this issue will only become worse as we as a population get older and buildings get older. That is, people my generation are using their home equity (eg through a reverse mortgage) to live a life of some quality and if Owners Corporations play silly buggers and don’t want to pay for these costs then Strata Committees and Strata Managers should at least be telling their OC’s that we won’t pay in these circumstances upfront. This way we are at least informed and we’ll have to not live such a life and put the reverse mortgage money away in the Australian Anzac spirit of helping our mates.

      Come on Jimmy, ok you may not know of a Supreme Court judge but with such a platform surely you can do more – why don’t you run a story on this in the AFR at least putting pressure on NCAT to act. May I suggest you approach the relevant Ministers and Premier and maybe flat-chat could launch on behalf of OC’s bullied by Strata Committees a #wetoo social media campaign.

      GeorgeB
      Flatchatter
      Chat-starter

        Anyone out there?

        A response would be appreciated as the OC’s legal team just continue to threaten and intimidate me with letters and since my last post I believe they have conjured up what they hope is concrete cancer in the rest of my apartment without having investigated it. So basically they want me to move out in the event they find something. Surely this can’t be right?

        GeorgeB
        Flatchatter
        Chat-starter

          Hi George here again.

          I am getting older and this whole episode has made me even older.

          In brief I went to the tribunal as the respondent representing myself and the Member made me feel that we would work this out. However, I must say even at my age they make you feel intimidated.

          The OC had a lawyer and to cut a long story short we agreed on a consent order where they would pay my reasonable expenses. So I thought. As I was not a lawyer I confirmed with the Member that before I sign the consent order am I correct to assume that if my claim is reasonable they would pay. He said yes so I signed the consent order.

          No sooner am I back home all the owners receive a letter from the lawyer advising that they don’t owe me anything but just to consider my claim.

          I wrote back to the Tribunal and the Member advised that he can’t make any changes without the applicant as it was a consent order. So I was basically left high and dry.

          Since then the Strata Committee and the Strata Manager have tried to intimidate and bully me to leave based on the consent order, which I have come to understand is now no longer in play or as the tribunal says is not substantive. I think the Member has done a Pontius Pilate.

          The OC are now filing cost applications against me. It’s getting too much to handle.

          I was just wondering whether there is any supreme court judge out there who is willing to get me out of this mess as I am convinced a smart legal mind would uncover a minefield here and recover their costs. My doctor has even written a letter to attest to my deterioration in health due to this saga.

          Anyone?

          GeorgeB
          Flatchatter
          Chat-starter

            Thanks PeterC.

            According to NACT/CTTT  an Adjudicator cannot make orders to pay money.

            Am expecting that means if I was to ask for the OC to also pay me for the resulting damages, temporary accommodation etc the Adjudicator can’t making that ruling. 

            However, I am not sure if because the OC are technically in breach of failing to maintain the common property, whether the Adjudicator can make a binding ruling for them to resolve the concrete cancer, which by definition means/implies they need to also pay for the resulting damages, temporary accommodation etc.

            Any help out there would be appreciated. Have been thinking if this forum can’t help me of going on national TV as I can’t believe I am the only one in this sort of a predicament.

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