Ooops! I misread the findings in the original case – I’m blaming the flu – so thanks to Colonel Schultz for correcting that and I have now amended the story. I should have realised the the Tribunal rarely if ever awards damages.
As for the strata manger sending out Notices To Comply to all owners, I agree that it’s technically not the right thing to do, but it may be politically the most expedient move.
A Notice To Comply is effectively a warning that you have breached a by-law and there may be consequences if you continure to do so.
Thus, sending it to people who haven’t breached is a misuse of this official warning. However, given that members of the committee are among the culprits, it may be that rather than single them out, the strtata manager has managed to issue the wrning without compromising his relationship with the committee.
I am not in favour of warning being sent out before NTCs – the NTC is only a warning, after all – and issuing three warnings before you send an official warning, as some schemes do, is a piece of nonsense.
But this sounds like one case where a general warning to all owners would have been appropriate, followed by NTCs to the actual culprits.