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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I have a member of Strata Committee who enters my property,

Customer Question

Hi,
I have a member of Strata Committee who enters my property, both flat and garage, without my permission. The garage she entered "repeatedly" to look at the common property issue, but still without my permission. Is that a crime? Also, Im currently selling my flat, and this very person has been speaking to my buyers, catching them secretly in the foyer, and "alerting" them to non-existent (not on the strata record) problems with my flat, and losing me one buyer after another. What are my chances of suing this person and getting her to compensate the losses?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

They cannot do this it is trespass without your consent. If they are locked and they come in they are breaking and entering.

It is trespass and you can sue her. She needs your consent. It is a crime if she is breaking and entring.

Here is some information about this area of law.

http://www.legalanswers.sl.nsw.gov.au/guides/neighbours/entry.html

I hope this makes sense?

Customer: replied 1 year ago.
what is the punishment for trespassing. And what about my other question?
Expert:  Leon replied 1 year ago.

Good Evening

She can be fined by the court. She can also be orders not to approach your property.

You can also sue her for losses you suffer as a result of her actions. In order to do this you have to have the prospective buyers give evidence on what they have been told.

In your letter you should make her aware of your knowledge on what she is doing and that if she does not stop you will hold her personally liable for losses.

You should also bring this to the attention of the Body Corporate as this action not only affects you but all unit holders.

Customer: replied 1 year ago.
What kind of fine? Is it money, how much approximately?How can I calculate the loss? And can I sue her for emotional damage for having to deal with false accsuations of my flat having issues?
Expert:  Leon replied 1 year ago.

Good Morning

That is something the court will decide.

Your loss is the difference on what you sell because of her actions and what you would have received if she had not said anything.

You cannot sue for emotional damage.

This is not an option.

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