Your EC isn’t in breach of the CTTT Order until such times as the deadline has passed but you could send a letter to the Strata Manager, to be passed on to all the EC members warning them that time is running out and advising them that they can have an electronic meeting – by email – to approve the work.

Failure to do so before the deadline will lead to action against them individually and collectively as members of the EC, under Section 202 of the Act,  for failure to abide by the ruling.  This can lead to fines of up to $5500 and costs can be awarded in these instances – the CTTT really doesn’t like people ignoro=ing their orders.  

You will also use this breach of the order as a trigger to have the EC replaced by the statutory appointment of a strata manager, at which point the Owners Corporation will cede all it’s powers to the appointed SM for the period decided by the Tribunal.

There’s no point in taking the Owners Corp as a body to the CTTT since you end up paying part of any fines.  Take action against the individuals if you want to get things moving.

You can download a copy of the form HERE and the relevant section of the Act is below.  By the way, when I started reading about ‘stratum’ I realised that you have reached the point that advice from a strata lawyer would be very beneficial.  However, if I am reading the part about costs correctly, if you do employ a lawyer to get the backsliding EC members fined, they may also be up for the fees.  Ask a lawyer (click on Makinson & d’Apice’s ad on the Home page, if you don’t know who to call.)

202Civil penalties for contravention of orders under this Chapter

(1)  The Tribunal may, by order, require a person to pay a pecuniary penalty of an amount of up to 50 penalty units for contravention of an order under this Chapter (the original order).

(2)  An application for an order under subsection (1) may be made:

(a)  in any case, by the applicant for the original order, or

(b)  if the original order relates to a parcel that is not a stratum parcel, by the owners corporation for the parcel, or

(c)  if the order relates to a stratum parcel, by each owners corporation for a stratum parcel including part of the building, the lessor of the strata scheme (in the case of a leasehold strata scheme) or by any person in whom is vested an estate in fee simple (or in the case of a leasehold strata scheme, a leasehold estate) in a part of the building that is not included in a stratum parcel, or

(d)  in the case of an order that gives effect to any agreement or arrangement arising out of a mediation session, by either party to the mediation.