Whether or not an Executive Committee has a 'duty of care' is something that would need to be established by legal precedent. However, under NSW law, the EC and/ or Owners Corporation has no obligation to enforce by-laws (except where the pertain to their legal obligations under the Strata Act, for instance, to maintain common property).
However, any owner or tenant can take action through Fair Trading and the CTTT to have by-laws enforced.
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