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I own a property (Torrens Title) in a Neighbourhood Plan. The Neighbourhood Association (NA) is one of a couple of NAs and stratas which makes up a Community Association (CA). There was a recent issue with the sewerage system – a couple of blockages caused by trees, one such tree is on common land under the Neighbourhood Plan but it appears by the by-laws of the NA indicates that the CA is responsible for the maintenance of that Neighbourhood land.
In discussions with the CA, the CA only refers to its management plan which clearly delineates its land from the land identified under the Neighbourhood Plan. However, the CA does not refer to the by-laws of the NA. I suspect that the CA may not be aware of the by-laws of the NA. In the case of our NA, I only found them when I “inherited” the meeting papers of the NA, read about our bylaws, couldn’t locate them in the box, approached the CA’s management office who only provided me with the CA’s management plan and, as a result, went to the Land Titles Office to get copies of the NA’s management plan.
In my reading of the relationship between CAs and NAs, I understand that the CA is made up of the NAs and the stratas. My reading of the relationship at present is an “us and them” type of behaviour. The CA appears to be responsible for some things over the NA land (such as landscaping/lighting) but did not engage with the sewerage problem. I would prefer to discuss this with the CA executive in an informal setting and provide them with the NA’s by-laws etc. Should I get rejected out-of-hand what course of action should I follow? At this point we are not arguing over who pays for what. Rather my NA needs to be sure of its rights and responsibilities. Does this indicate the need for legal advise rather than a mediation such as that through NCAT?
I would appreciate being pointed in the right direction.
Thank you for your time reading this post.
This is not my area of expertise, but I do know this: According to strata law, if there is a conflict between Community Association rules and strata scheme by-laws, the Community Association takes precedence.
You should probably talk to an experienced strata lawyer if you are concerned.
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