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On 28SEP21 [in topic: https://www.flatchat.com.au/topic/family-rules-small-block-to-exclusion-of-all-others/%5D I wrote that I am taking the OC to Mediation for:
1. Not maintaining and repairing common property which services my lot;
2. Neither repairing nor replacing (with the same quality) common property which services the lot of Sec/Tsr,
but instead, upgrading that common property without so much as holding a strata committee (SC) meeting to discuss it let alone convening an OC meeting to approve it; and
3. To expand the SC from the Sec/Tsr and his echo (a committee of 2) to one of 5 ie every lot be represented.
At Mediation in late September the Sec/Tsr was made aware of the a part of the SSM Act he chose to ignore: the OC is liable for R & M of the common property in question. The mediator could not have been clearer.
The Sec/Tsr agreed to bring the matter up with his colleague on the SC and advise me in 2 weeks whether they will go ahead with the R+M as per my claim and if so, they have 2 months to get the job done.
As he did not agree to my second point, we did not even get to my third point.
Over two weeks passed and he did not advise me of the SC’s decision, as he agreed.
I have no option but to go to NCAT now on all three points. I will keep you posted on developments.
I have a question: notwithstanding that mediation is not binding, are there any penalties for what seems to me to be the OC deceiving me and the mediator at Mediation?
- This topic was modified 3 weeks, 3 days ago by .
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