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NSW Bypass Strata Management on Stormwater Easement?

Discussion in 'Property Law Forum' started by Daniel St Marys, 28 August 2015.

  1. Daniel St Marys

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    I have a matter involving the imposition of a stormwater easement on a neighbouring property, an Owners Corporation (dimensions of proposed easement 1.5x1.5m). While the Owners Corporation have consented in principle to the proposal and provided such a letter of intent, as the majority owner of the Scheme is not "financial", the Owners Corporation are unable to form a quorum in order to pass a resolution. The Owners Corporation have advised that they do not require compensation but this may change.

    I have already payed their legal costs and have deposited $3,000 into their Owners Corporations solicitor's trust account. This was over a year ago and I still have no resolution. The Owners Corporations solicitor still has my $3,000.00 and the majority owner is still not financial. I believe there are disagreements between the majority owner and the Strata Managers regarding fees that have nothing to do with the easement. Meanwhile I am trying to develop my property but have hit a road block. Other than s88k of the Conveyancing Act 1919 through the supreme court, is there any other avenues I could take to speed things up that won't cost a bomb?

    Could I bypass the strata management and have only the owners sign off on the easement? Could an application be made for the proceedings to be transferred to the Land & Environment Court, instead of going though the s88k avenue?

    In addition to the above, I am generally happy to pay the Owners Corporation's costs associated with the easement and some compensation deemed fair and reasonable.
     

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