Current Page

[sltflatchat]

After many warning letters to a tenant for “interfering with the peaceful enjoyment of another occupier”, the EC instructed the Strata Manager to issue a NTC to the tenant. The strata manager says that the EC has to call an EC meeting, put the agenda and the motion (to issue the NTC) on the notice board, pass the motions at the EC and provide the SM with the minutes of the meeting before he can act.  The Duties relating to the “Issuing and serving notices to comply with a by-law” in Schedule1 of the Strata Management Agency Agreement has been marked,  giving “Full Authority Subject to Limitations as Disclosed in Schedule A2”. Schedule A2 includes services relating to “Work associated with by-laws (amendments, additions, deletions, registrations, enforcement and breaches – owners corporation or executive committee instruction”.

 

I would have thought that the EC instruction to the SM (giving full details of tenant’s name, address, copy of by-law, details of the incidents etc) should be sufficient for the SM to issue the NTC.  However, the SM insisted that the EC has to go through the process mentioned above i.e. preparing the agenda, motions and display on the notice board, providing minutes of EC meeting etc.

 

Is the advice from the SM correct?

Topic