December 28, 2019 at 12:04 am #27735BMember
The COO were advised by Lawyers that to resolve the car bays lost RWD, it is for the affected owner(s) to bring the District Court action pursuant to section 51 of the STA, the strata company would not bring the action. The individual lot owners contemplating this action would need to obtain their own legal advice and costing and possible award for costs against if unsuccessful.
However, the COO have instead made the decision to wait for the new strata reform to take owners to SAT to try and overturn the lost RWD vote with a Lawyer that all owners will be paying for.
The COO will gain an advantage for themselves as,
1. They do not have to pay out of their own pocket.
2. They will personally benefit from the new additional built car ports that majority of owners will not.
Can the respondent owners who voted against the RWD also use all owners strata company funds under the reform to appoint a lawyer to represent and defend them at SAT?
Is this a conflict of interest as the COO have a very strong interest in this case?
Thank you AmandaJanuary 3, 2020 at 10:19 am #28336Amanda FarmerExpert
Per my post here on (what I believe is the same) topic, this issue of the parking spaces is too complex to properly dig into in the context of this Forum.
In relation to your question about ‘respondent owners’ using “strata company funds under the reform”: I am not aware of anything in the proposed new WA strata laws that would permit individual owners (as opposed to strata companies themselves) to use strata company funds to fund litigation. If I’ve missed something, please feel free to point me to it.
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