Forums Strata Committees Consequences of inaction Current Page

#16458
Jimmy-T
Keymaster

    Here’s something from left field.  I have been working on the basis that there is no legal compulsion in the Act for Owners Corporations to enforce their by-laws and action their decisions (because there isn’t).

    However, I have recently been told by a very authoritative source that individual owners can take the Owners Corp to the CTTT and ask for an order to be made compelling them to do so.

    The point that was made strongly to me was that it’s not the EC that you prosecute, it’s the Owners Corp as a whole (albeit that the EC will be expected to represent them and follow through on the order).  Any ruling from the CTTT not only puts the EC under pressure but gives a strata manager a lot of power to push for action and establishes a vital missing step on the road to the appointment of a statutory manager.

    One point that was made to me was that it is important to make your initial approaches to the Executive Committee in writing so that their responses, or lack thereof, can form part of your case at the CTTT. The reality, I’m told, is that in most cases the EC will give an undertaking at mediation to move forward on the stuff they’ve been sitting on.  But, of course, you would want that in writing too.

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