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The Owners Corporation and/or the committee doesn’t get to decide which of their by-laws and which parts of strata law to enforce … at least, not without repercussions.
Under section 232 (2) of the Act (below), you can take your Owners Corp to NCAT (via mediation at Fair Trading) if they have refused to enforce by-laws or have failed to do so withing two months of being asked.
Application to Fair Trading for mediation may be enough to prompt them to review their actions (or inaction) when they realise they have a duty to enforce by-laws. If they don’t want the by-laws in their current form then they should try to change them through the proper channels. Otherwise, they must take action or face NCAT orders to do so.
232 Orders to settle disputes or rectify complaints
(2) Failure to exercise a function
For the purposes of this section, an owners corporation, strata committee or building management committee is taken not to have exercised a function if:
(a) it decides not to exercise the function, or
(b) application is made to it to exercise the function and it fails for 2 months after the making of the application to exercise the function in accordance with the application or to inform the applicant that it has decided not to exercise the function in accordance with the application.