@scotlandx said:
In relation to Jimmy’s suggestion to issue a notice to comply with the legislation, I don’t believe an owners corporation can do that, as it only applies to by-laws.
This actually occurred to me but then I couldn’t think of any other way that you could take a complaint against owner for being in breach of the strata Act.
On page 2 of the application form for a CTTT adjudication, it invites you to fill in the relevant section of the Act that has been breached.
On page 3, explaining the grounds under which you can apply for a Section 138 order, it says:
Note: This is the general power of an Adjudicator to settle a
dispute or complaint about the operation, administration or
management of a strata scheme, or functions conferred or
imposed. Examples of general disputes or complaints include the
following:
Management of administrative and sinking funds
Holding meetings in accordance with the Act
Interference with support of shelter or essential services
etc etc …
Am I drawing too long a bow? But it does seem that the CTTT adjudicator will deal with breaches of the Act rather than just by-laws.