I agree totally that by-laws should be legally binding and have stated such on numerous occasions on this forum. There are product disclosure statements and terms and conditions for just about everything out there. I have just purchased new computer software. I paid for it, it is mine, but I can only use it under the terms and conditions of the software company and I have to agree to those terms and conditions before I can use the software that I have paid for.
But for the biggest purchase in your life, whether it is a bedsit or 3 bedroom with views, it is the biggest single outlay of your money you will make and yet there is nothing to sign saying you realise that there are by laws that you must abide by and there are consequences to not complying with these by laws. And not complying by one affects all in a strata complex in one way or another.
We have written our by laws in a child like manner, making it as simple as possible to try and make all residents aware of what common property is and what they can and cannot do. And yet we are still confronted with owners who, when told you can't do that make with the furrowed brow and boo boo face saying “I didn't know….sorry” only to do the same or similar again, and again, and again….. A signed document stating that they have read the bylaws and will obey them may make it easier to take action instead of EC's having to jump through hoops. Why when you sign a lease is there an agreement between tenant and landlord pertaining to the use and maintenance of a premises and no document between an owner and the strata complex they are moving into?
We should be making owners more legally responsible not EC's more liable. Half of the work for the EC in this complex would not exist if it wasn't for the owners! Then the real work could get done. Can't organise anything when you have to spoon feed owners.