#82734
Jimmy-T
Keymaster

    You could put up a motion to a general meeting  or committee meeting that the committee or strata manager be instructed to pursue any owner for specific breaches of by-laws.

    If they fail to do so, Section 232(2)(e) of the Act allows owners to take action against the owners corporation (or committee) for “an exercise of, or failure to exercise, a function conferred or imposed by or under this Act or the by-laws of a strata scheme.”

    This is something you would have to pursue yourself or in conjunction with other aggrieved owners.  There are no StrataKops who will do this for you.

    Section 35 of the Act allows a simple majority of owners at a general meeting to remove a committee member from the committee.

    Section 45 of the Act allows a simple majority of committee members to sack an office-bearer by declaring an “office” vacant and electing a new member to fulfil that office (but they can remain as committee members).

    Section 238 of the Act empowers the Tribunal to remove a committee member at its discretion or at the request of an owner or owners.

    Any of these would make it easier to then pursue the member for breaches of the by-laws.

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