› Forums › By-laws and outlaws › How does self managed strata issue Notice to Comply with a By-Law? › Current Page
First things first, section 146(3) of the Act could not be clearer on this:
(3) A notice [to comply] must not be given unless a resolution approving the issue of the notice, or the issue of notices for the type of contravention concerned, has first been passed by the owners corporation at a general meeting or by the strata committee of the owners corporation.
What that means for your scheme is that you have to give three days notice of a committee meeting with the Notice To Comply oon the agenda, either by placing a notice on your noticeboard, if you have one, or by sending it to all owners by mail (or just sliding it under their doors) as per Section 263 of the Act.
You then hold a Zoom meeting of the committee and pass the resolution, as per Section 146. If I were on the receiving end of a Notice to Comply that hadn’t been issued by the strata manager or via a committee meeting, I’d challenge it on that basis alone and it would be back to square one for the committee.
Ironically, there is another thread here where a resident is complaining about strata managers having the power to issue NTCs without reference to the committee. I think there’s zero chance of your secretary being given that kind of leeway.
