Really informative read. So to be clear, these type of bylaws are not worth the paper they are written on and the expense getting them in? The reason I am asking is that our strata is in the process of drafting a “differential levies for default and related expenses” bylaw.
The purpose is that we have an owner that has had 5 breach letters in the past 2 years with noise infringements and constant unprovoked verbal abuse to residents and visitors. A history of 13 years in total but we weren’t aware of of our rights and bylaw breaches until another matter came up and the abuse was mentioned by another council member in 2017.
We’ve not bothered with breaches 6 and 7 but many, many more incidents have been documented to the strata manager in the last 2 months since letter number 5 . I have been on the main receiving end of the harassment and sought legal advice regarding a restraining order or a Cease and Desist on the suggestion of the strata company.
My lawyer said it was strata responsibility and for the council of owners to pursue the repeated breaches through SAT since the notices have had no effect. Because we do not have this bylaw, we were advised to pass it through at the cost of roughly $2500 and ultimately SAT proceedings could be started with the expectation that we pass the cost of the further legal fees onto the offending owner instead of us.
Basically is this process of a new bylaw is a whole load of rubbish? And SAT will decide who pays the costs at the end of it anyway? Look forward to your advice.