macpost

Thank you Whale.  My advice from Fair Trading and from Land and Property Office was similar but that the Lot Owner has to make a case proving that there is a leak, with the appropriate proof. 

Technically, the Act makes no reference to reimbursement of any renovations and as such I’m advised now that a body corporate can refuse reimbursement.

That it can be mediated in Fair Trading and can be taken Legal if an Owner decides to go down that path.

We have a situation where the Lot Owner wanting to claim a reimbursement, denied same to previous owners who renovated bathrooms and kitchens in the past when that lot Owner was in fact on the Committee. It has been said by some that the Lot Owner might be trying to take an advantage with new Owners that he denied to Other Owners who have since sold and moved on.

Not a good situation to find us in as we are aware of another new Owner who has renovated and who will now attempt to claim back.Either way it causes ructions in the complex to have people feel discriminated against.

Hi… an update on my question re NTC's…. The Strata Manager insisted that a meeting was required.  We went ahead with a “paper” meeting of the Exec Cttee and we apparently got a majority vote to proceed with issuing an NTC to the identified  resident , breaching the parking by-laws… He was sent a letter and the next day the car was OFF the common property…. Problem solved for the time being…. however as he was one of three it looks like we will have to go through this process twice more with our reluctant Strata Manager.. BUT… it has been a positive outcome.. 

I will follow Whale's advice and put a Motion to the next AGM to sort the delegations in an attempt to establish a proper protocol for the future.. I havent yet got a copy of the delegations… things move slowly in Strata Management it seems … 

I received thanks from several of the residents for staying with and sorting the problem with Strata which they had been attempting to do with the inept and reluctant Strata Manager for a number of years.. 

Ive done a little research and it appears that Strata Managers (some) become a little reluctant to pursue these matters if they have to go to the CTTT as the public servants on the Tribunal are allowed to make arbitrary decisions and ignore the By-laws by sometimes ruling in favour of the offenders breaching the By-laws… I think there is maybe a case for lobbying the Minister to have the Tribunals rule in favour of the By-laws!!! The only fair system for everyone to be treated equally and fairly is to uphold the By-Laws… what the hell is going on at these tribunals that they can ignore the By-Laws ??????