› Forums › By-laws and outlaws › Is it REALLY true Executive Committees in NSW don’t have to enforce by-laws? › Current Page
Ah, Urban, you've picked my 'game'. I can see where you're going with this but the fatal flaw is in your phrase ” … surely Executive Committees must have to get involved…” Well, yes, they should and they often do but for whatever reason, way too many choose not to.
As a long-time denizen of this corner of the web, you must surely remember the drummer boy in the garage who drove the neighbour to distraction. How about the woman who couldn't get residents to stop parking on common property, blocking access to her garage, because members of the EC liked to be able to park on common property too? And then there were the residents hounded by their neighbours because they dared to complain about children playing noisily on common property outside their window (which was a clear breach of at least two of the scheme's by-laws).
In all the above cases the EC took the Pontius Pilate option and said “sort it out amongst yourselves” … as they could because there is no obligation to even respond to complaints, let alone pursue them.
The one bright spot in this is that any strata resident – owner or tenant – can apply to Fair Trading and then the CTTT for mediation or adjudication. The question is, why should they have to go out on a limb to enforce what are, after all, agreed community standards? Are we communities or just a bunch of individuals playing the “I'm all right, Jack” card … until someone plays it against us
At least in the case of the Treasurer buying the common property, they probably thought the deal was kosher because they fulfilled all the requirements of basic strata meeting regulations. But in this as in all other things, there is a higher law than the Strata Act and (thank heavens) a higher court than the CTTT.
