#55818
Jimmy-T
Keymaster

    As to other by laws, earlier I wrote that I understood from a lawyer last year that an OC or SC is not compelled to enforce a by law or by laws if it so chooses.

    But then you write:

    The strata committee must enforce the by-laws if they “reasonably believe” there has been a breach. The committee or body corporate may have to demonstrate that it is reasonable in the circumstances of the alleged breach to not enforce the by-laws.

    That confirms that the strata scheme is expected to enforce by-laws unless it believes no breach has occured, and confirms what I wrote earlier.

    While there is no penalty for the strata committee failing to enforce by-laws, they are still expected to do so and can be ordered to do so by the Tribunal.

    Of course strata committees aren’t expected to enforce by-laws when they don’t think breaches have occured, and no, there are no StrataKops who will arrest them for failure to enforce by-laws where breaches have occured.

    But there is an expectation that they will pursue breaches of by-laws and clear avenues for owners to take the unwilling strata committees to the tribunal to seek orders when they don’t.

    Furthermore, their failure to enforce by-laws would be prettty damning evidence in a case brough for removal of strata committee members or the appointment of a compulsory strata manager.

     

    If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.