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I’ve asked around various strata folk and firstly they all concur with ScotlandX who said Notices To Comply only apply to by-laws.
However …
The Owners Corp, or even an owner, can lodge an application under s138 for owner to comply with section 3 clause 14 and not speak unless authorised. The CTTT should uphold that provision, particularly if there is clear evidence that the owner is disruptive and refuses to accept the EC’s decision not to allow them to speak.
Once the order is made, if it’s breached again the Owners Corp or original plaintiff can apply for a penalty of up to $550.
A Notice to Comply is only in relation to by-laws, as Scotty said, but there’s nothing to stop an Owners Corp creating a by-law to mirror the Act – i.e, “All owners agree to abide by section 3, clause 14 etc etc”. It’s a bit cumbersome and time consuming if you don’t have an AGM imminent.
Finally, to avoid confrontation completely, you could have a ‘paper’ EC meeting but you still have to produce a full agenda, all votes have to be in writing and there have to be proper minutes.
A paper meeting apparently does not require physical attendance, (s3 cl10) and it allows valid decisions if majority of EC members vote in writing. So it can be used to bypass disruptive complainers, especially if EC members have an informal chat first, to decide what they are going to decided, then conduct their actual meeting on paper – with as detailed minutes as possible – so that other owners can see what’s been discussed and decided.
