[choux flat]

struggler said:

I've said this before and I will say it again.  Why are people who break/breach strata by-laws allowed to be on the committee?  We have had people who have voted themselves onto the EC and then go on to break every by-law and basically do their own thing.  But they send out letters to other residents telling them that they must abide by the same by-laws that they themselves regularly break.  If you have a notice to comply sent to you, you should not be allowed to be on the EC.

  Most people on our EC are habitual offenders and treat the place as their personal fiefdom.  Or they want a new fence.  

[choux flat]

Mr Strata said:

Choux flat,

In NSW you are lucky enough to actually be able to take your own action through Fair Trading to have the by-laws enforced.

Ultimately you do not want an owners corporation having to enforce all perceived by-law issues all of the time (especially in a large building), otherwise you will be engaging someone on a full time basis to police the building etc… (yes a bit extreme but where do you draw the line).

Owners that have an issue with their noisy, smoking neighbour that is only impacting on them, should get out there and take steps to deal with this, take ownership for the problem affecting you.

  As I understand it, the process if involving an Executive committee, to have a matter dealt with is: step 1) written letter to offender, 2) notice to comply, 3) application for adjudication, 4) Tribunal Order, fines issued.  That does not seem too onerous. 

  Should individual owners take action, the process becomes, talking about it with the offender, mediation, adjudication, then Tribunal Order.

  Having the process initiated by the Executive Committee is better because, 1) it is less personal than pitting owners vs owners, 2 )Mediation involves taking days off work, babysitters etc… therefore a significant expense to either parties, 3) it acts as a deterrence to others whereas Mediation is hush hush.

 

  When buying a unit in a strata, you own a physical asset much of it shared, and you 'bought' a set of rights and restrictions.  Can this be seen as a contract of sort? Once an issue is brought to the attention of the Owners Corporation, does it then become their obligation to deal with it? As an example, should an accident occur involving cars, after years of reported issues with parking on the common area, is the Owners Corporation liable? 

[Author]

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