Just to make sure everything is as it should be, did the Notice to Comply (NTC) come on THIS FORM. If not, it is meaningless. Also, did it come from the secretary of the EC, in which case there should have been an EC meeting that discussed the breach and minuted the result. Again, no meeting or minute, no problem.
If you feel you are being discriminated against, you could take a counter–claim against the Owners Corporation at Fair Trading in which you ask the Owners Corp to grant permission restrospectively or issue NTCs to all owners for their shelves, pictures and mirrors.
You will be able to present this argument at a mediation where, at least, you will be able to get to the bottom of why this is happening. Use THIS FORM to apply.
The application will cost you $78 (unless you are over 60 or a pensioner, in which case it’s $10).
Or you could let them take you to the CTTT to have a penalty applied – this costs you nothing except your time. The CTTT will bounce the NTC if all the paperwork isn’t correct, could impose a minimal fine, if any, and may in fact decide the NTC is discriminatory and reject it on those grounds.
But let’s assume there was an EC meeting and a decision to issue the NTC, or your strata manager was using delegated powers.
In that situation I would write them a note telling them that you believe the notice is discriminatory and why and that you are happy for them to take the matter to the CTTT where an independent arbiter can decide on a penalty, if any.
By the way, I’m not advocating free-range nailing and drilling of common property walls but once it has been done, and disaster hasn’t befallen the building, I would wonder why anyone would care.
If this is becoming a problem throughout the scheme, what your building needs is a sensible by-law that allows people to do that kind of work but bear the full consequences if they don’t use a licensed builder, or do it badly and common property or other owners’ personal property is damaged.
Persecuting individuals is not the best way to look after common property.