puff – your conclusions about the applicable Form and Sections of the NSW Strata Schemes Management Act to be referenced are correct, but given that the core issue is with the behaviour of the tenants I can’t help thinking that there may be a better approach.
Both the Office of Fair Trading (OFT) and the Consumer, Trader, and Tenancy Tribunal (CTTT) are wedded to a mediation process that’s primarily intended to resolve disputes involving breaches of By-Laws, and I don’t believe that either Organisation would take kindly to you by-passing that step unless you could demonstrate that you and/or your Owners Corporation’s (O/C) independent attempts at that had been entirely frustrated.
So as an alternative why not write to the that Proprietor one more time, and copy their Property Manager (Rental Agent), to explain the nature of the Breaches by their tenant, the E/C’s resolution to issue a Notice to Comply, that they (the Proprietor) are frustrating the implementation of that resolution, and advise that unless the O/C receives the overdue S119 Notification within say 7 days, then the matter will be referred to the OFT; let them sweat by not stating by what process that will be referred.
Then if you don’t receive the information, armed with proof that the O/C and/or its Strata Manager has (again) attempted to obtain the tenant’s details from the Unit’s Proprietor/Landlord, employ the OFT’s Mediation process to facilitate the providing of that information using THIS Form? That will also give you the opportunity to discuss the tenant’s behaviour and the breaches as directly related issues.
Given the nature of the information being sought (the S119), the Applicant for mediation should in my opinion be the O/C, even if as KWP suggested you then attend as an authorised E/C Member representing it.
Sorry to head you down another path, but I’m trying to help you to focus on the core problem and not a peripheral issue.