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Our strata property is in Sydney.
One owner dislikes the style of windows installed by the development builder. Three times now he has requested that the strata manager include a motion in three meeting agendas to change the style of the windows. There is nothing structurally wrong with the windows, he just dislikes the style.
The motion was defeated at two meetings and now the same owner has requested the motion again. He has worded the three motions slightly different but what he is asking for is the same.
We cannot find anything in the Act and Regulations preventing the same defeated motion from being re-submitted continually. We think there should be something to prevent vexatious motions. We have been told about the Vexatious Litigants Act 2008 but don’t know whether it applies only to court cases or whether it can be used to stop an owner from re-submitting motions that have already been defeated by an owners corporation.
Can NCAT ban an owner harassing other owners in this way? We find the fact that he thinks he can wear us down abusive.
Thank you for any help you can provide.
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