Often lot owners find it difficult to resolve strata issues or disputes with an owners corporation. Examples include, but are not limited to, noise complaints, the keeping of pets without owners corporation’s approval, inability to pass required motions e.g. unable to pass a special resolution in general meeting to approve their renovation by-law, etc.
It is not that uncommon for lot owners to “have a crack” at drafting and preparing their own strata Adjudication Applications, many of which are dismissed for technical reasons which on their face appear unfair or unreasonable to lot owners. However, from a strata lawyer’s perspective, many of these applications could have been better prepared and included key documents which may have resulted in a favourable decision and outcome to the lot owner.
In my experience, common traps lot owners fall into when preparing strata Adjudication Applications include not including copies of the strata plan, relevant by-laws, relevant minutes, evidence of their title and cogent evidence. Really it can sometimes be as simple as crossing the t’s and dotting the i’s.
I can’t stress any further the importance of getting specialist strata law advice and assistance when preparing or responding to a strata Adjudication Application. I’ve seen many self-represented lot owners and owners corporations lose out on minor technicalities or due to poor preparation.
If you require advice on preparing or responding to a strata Adjudication Application, please feel free to contact Michael Pobi at michael.pobi@pobilawyers.com
Please note that this article is not legal advice and should not be relied upon as legal advice.
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