@kiwipaul said:If the OC (EC I doubt has the authority, and SM def dosn’t) insisted that you have these screens and then did not enforce the bylaw you might have a case if they don’t apply the bylaw uniformly against everyone.
I think this is a lot simpler than it seems. The by-law says that the trellis has to be of an approved design and previous practice has established what that design is.
A letter to your strata manager asking them to inform the ground floor owners that their trellis is non-compliant and should be removed immediately should do the trick.
Failing that and given the worst case scenario assumption that the EC does nothing, there is nothing to stop Deliria and other owners taking the issue to Fair Trading and NCAT (formerly the CTTT) to seek an order enforcing a by-law.
As far as seeking compensation for failure to fairly enforce by-laws, it is impossible to get a costs award from NCAT (at the moment) so your only recourse s to force the EC to fulfill its duties, rather than seeking compensation for failure to do so.
But I honestly think assuming the worst is not the way to go. A polite but forceful letter, preferably signed by other owners who paid for the Rolls Royce trellis, will fix this.