Topic: breach of by laws – number of complainants required – FLAT CHAT

This topic has 4 replies, 4 voices, and was last updated 7 years, 6 months ago by .

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19/02/2019 at 11:15 pm #35885 Reply | Quote
smokedout
Flatchatter
Hello, My immediate neighbour is a heavy smoker and despite the new smoking By Law being introduced at the AGM in May 2018 prohibiting smoking on common property and balconies, (and smoke drift into other people’s units, i.e. mine) the resident persists in smoking. I have asked the SC several times to send a Notice to Comply to the resident but one committee member apparently came up with the idea that there need to be TWO complainants to the By Law breach before they will take any action, which other members have agreed to. This seems to put me at a real disadvantage while the person breaching the By Law continues to ignore it. Because of the configuration of the block, I am the main person affected by the smoke so there are no other residents affected. Is this 2 complainants idea legal? I thought any breach of a By Law should be followed up, whether 1 complainant or 10? I don’t think a lot of other residents are aware of this – should this be something decided on at an AGM by all owners, like the By Laws themselves are as it seems like an amendment to the By Law the majority agreed on?
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Reply To: Reply #36427 in breach of by laws – number of complainants required

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