The Act is cumbersome and protects the transgressor.

Any law, rule or regulation which allows the administration discretion opens the door to potential bribery and corruption.

Adjudicators in tribunal matters can despite the proof of a breech can on a gut reaction find in favor of the transgressor.

This is an inequitable decision and destroys the value of the By-Laws.

The Owners Corporation should be able to create regulations with financial penalties for breeches.

The imposition of penalties with the right of challenge to a Tribunal would immediately reduce the number of issues requiring determination.

Owners with deep pockets are prone to challenge the executive committees and continue with the breech in view of the problem of a speedy resolve of the matter and the unlikely imposition of penalties.

It is so easy to take advantage of the current malaise.

It took the Owners Corporation of my building 2 years to obtain a final decision for removal of a dog brought on to the premises without approval.

The matter involved the owner on unreasonable notice advising solicitors had been engaged placing us at a disadvantage and having a barrister for the last 3 appearances.

The first determination was that the dog had to be removed which prompted an appeal which was denied.

After 2 years and a combined estimated legal costs of $40,000 the dog was removed.  

The same family have undertaken many alterations to their unit without seeking approval prior to the work being carried out.

In addition over the past 5 years since moving in the family members have repeatedly used the 3 visitor parking spaces in breech of the Special By-Law 8.

Without immediate penalty provisions their is no incentive for the owner to desist or the Owners Corporation to act having regard to the cumbersomeness of  the system.

I support the articles of Jimmy Thomson in the weekend Herald and the piece in Domain “Setting strata straight in the great debate”.