@struggler said:If it is not compulsory for an EC to enforce by laws, then where does this leave owners? If an EC picks and chooses which by laws they enforce (and for whom), what can they do if a once by law abiding owner just decides to break a by law? If the EC has a record of doing a bit here and there, can they then come down on an owner who decides to join the rebel pack?
The legal key to this puzzle is that (in NSW) an owner or tenant can seek redress from another owner or tenant directly via Fair Trading and the CTTT. The fact that the EC has chosen not to get involved, of course, leaves the complaining owner out on a limb (as in the case you describe) but not without recourse to a legal remedy.
In the case of the woman and the mad parker, I wouldn’t wait any longer and get the mediation form into Fair Trading ASAP.
The long term solution is to wait until the AGM and ask EC members what they’re doing standing for election if they aren’t prepared to uphold the standards of the community via the by-laws.
And if I was accused of breaking a by-law (heaven forbid!) I would just point to all the times the by-laws hadn’t been enforced and claim victimisation (on the basis of race, height and weight).