Do Developers Wield Too Much Power Early in a Scheme's Life? | Owners Corporation Network

Do Developers Wield Too Much Power Early in a Scheme's Life?

The Supreme Court has overturned a NSW Civil Administration Tribunal ruling that Mr Fischer, as owner of the Gazebo Apartments' penthouse, and residents of two sub-penthouses were entitled to exclusive use of one of three lifts - leaving the two remain lifts for the use of the remaining 89 units in the building. The lift had been modified when Mr Fischer built the penthouse on the hotel's roof space and instructed the lift engineers to program it so that only residents of levels 16 to 18 could access it. But in 2010 the executive committee of the building realised that all owners had been paying for the lift's running costs and maintenance.  This is not the first time Mr Fischer has run foul of the law regarding the Gazebo Apartments.  In 2013 the court found against Mr Fischer.  Both the developer and the builder were companies owned and controlled by Syd Fischer. Mr Fischer also controlled the executive committee by appointees, and used this power to block a defects claim being made.  Read more. 
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