#27240
Jimmy-T
Keymaster

    Bullies can be charming too.  Put a motion to the committee that they issue a Notice To Comply with by-laws (a precursor to a fine).

    It also sounds like your neighbour is in breach of planning and noise laws in that they are undertaking work that they are not qualified to do and doing at times that are in breach of noise laws.

    The next time this bully confronts you, tell them that you believe they are breaking several laws and by-laws but you will leave it to the committee, NCAT and the local council to decide whether or not this is the case.

    If they persist, tell them your next option is to seek an AVO from the police. Invoking by-laws is not harassment – it’s good management.

    In the meantime, suggest that in your compulsory review of by-laws, you bring in one about renovations that limits the time they can be done (NOT evenings or weekends) and who they can be done by.

    Finally, it sounds like section 111 of the strata Act (below) applies.  Does this person have special resolution permission to change common property (ceilings etc)?

    You need to get the committee 100 per cent behind you and they need to get the strata manager activated on this.  It should not be just you versus your neighbour.

    STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 111

    Work by owners of lots affecting common property

    111 Work by owners of lots affecting common property

    An owner of a lot in a strata scheme must not carry out work on the common property unless the owner is authorised to do so:

    (a) under this Part, or

    (b) under a by-law made under this Part or a common property rights by-law, or

    (c) by an approval of the owners corporation given by special resolution or in any other manner authorised by the by-laws.
     

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