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I have an owner who has submitted two motions to request a Notice to Comply due to breach of By Law 17 (Sch 2) to be issued to two Lot Owners.
1st Owner – colorbond fence erected on the inside of the owners courtyard boundary side at their own cost (not on the fencing line) – this was suggested by the NCAT Tribunal Member back in April this year.
2nd Owner – Colorbond courtyard fence erected shared between the 1st and 2nd owner. 2nd owner also installed large temporary awning stand alone structure in their courtyard…not attached to back common wall (he’s a builder by trade).
Cannot see the courtyards from the front or side of the building due to large double brick common wall so doesnt affect the appearance of the building.
Tribunal member suggested due to deadlock of owners that the owners install at their own cost inside their boundary line their choice of courtyard fencing materials.
The other owners have no issue with the awning…in fact they all want one too (except one owner) as the courtyard gets full sun no shade. Majority of the owners have indicated to me that they will vote against these motions.
Are these two motions unenforceable?
Am I able to at the meeting call out that these motions are “out of order”?
Many thanks.