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Usually under a strata management agreement, the functions of the chair, secretary and treasurer are delegated to the strata manager.
That assumes there is a strata manager – in many smaller schemes there isn’t.
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Would some condition, that the dog must be muzzled at all times whist on common property, be a compromise?
Yes, and the offer of such a compromise would probably get you past the ban on pet bans – and would surely be rejected by the dog owners. I just worry about any cats that might stray into its zone. Apparently it’s not illegal for a dog to attack a cat that is in the dog’s territory, but it is if the dog is in the cat’s area or on common property.
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I think you could and probably should make a case that the dog is inappropriate for apartment living as it could encounter other animals and children, as well as adults who may be anxious about the possibility of attacks. If you refuse permission on those grounds, the owners may challenge this at a tribunal, if they are so keen., but I can’t see how they would win.
One thing in your favour, anyone who takes a potentially dangerous dog into an apartment block isn’t likely to be super-bright themselves. As someone once said of American Pitbulls – they are dangerous, stupid, aggressive and ugly – and that’s just the owners.
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In that case you can try to pursue the Strata Committee for non-enforcement of the by-laws (section 232) or you can seek orders against the by-law breacher at NCAT via the mediation and tribunal path. But if the rest of the SC doesn’t care, you are ploughing a lonely furrow.
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Surely that would avoid going to NCAT.
You would have to go to NCAT to get the orders permitting the OC or its agents to enter the property.
It seems that the very simple advice you have been offered time and again is being ignore in favour of elaborate and unworkable cunning plans.
- Issue notices to comply for breaching by-laws. .
- Pursue penalties for continuing with breaches.
- If they persist with the breaches, pursue Tribunal orders, costs and fines.
- If they ignore orders, heaven help them.
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I tried twice to post a reply to JustAsking, but my post never appeared.
No idea what went wrong – but, as you can see, the lines of communication are open.
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I thought you could go directly to NCAT if NTCs have been issued.
I have no idea because I’ve never heard of a scheme issuing NTCs but not following up on them. I would guess that it’s just the body that issued the NTCs but I may be wrong. I would check with Fair Trading.
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“Despite legal letters and threats of Notices to Comply …”
And there’s your problem – a threat of a warning (which is what an NTC is) is just whistling in the wind.
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Any owner in the building can pursue complaints about by-law breaches (through the mediation and tribunal system).
NCAT was supposedly set up to be lawyer-free so the default is “no lawyers” although that is changing. If the miscreant hires a lawyer to defend their case, then your strata committee can do the same and claim costs on the basis that the defendant had a hopeless case (if indeed, the breaches are clear and obvious).
Just follow procedure. It’s all written down in the various websites. As a wise person once said, anyone who sacrifices what’s right and just in order to save money, deserves neither.
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Sounds like a bodgy reno. Tell them to get it fixed by a certain date (like seven days) or you’ll get orders from NCAT to go in, forcibly if need be, and have plumbers hired by the owners corp fix it at the unit owner’s expense, plus the expense of any legal action required. Meanwhile you will also alert the health department of your local council as this is a risk to the health of other residents.
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Yes, absolutely. The OC is the client and pays the bills, not the strata manager.
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I misunderstood the original post, so my response is irrelevant and has been removed to avoid confusion.
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Have you looked at Stratabox – one of our sponsors. It looks like a workable solution that operates on several levels.
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Good question. Some of the best strata managers are reluctant to take on this role because they start off with the previously dominant group in a scheme hating them and often goes downhill from there.
Often that’s because they are duty bound to follow the letter of strata law and that means the end of grace and favour arrangements, mutual back-scratching and the turning of blind eyes.
Without consulting them, I would recommend our sponsors Strata Choice. They were chosen to be our sponsors because I would recommend them, not the other way round.
And, in this instance, I’m prepared to lift our ban on promoting companies provided we can get a bona fide independent recommendation from a reader for a compulsory strata manager who has worked out well.
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Perhaps there is also a high threshhold for expelling a strata committee member.
When the changes to strata laws currently chugging through the NSW Parliament are enacted, a simple majority of owners at a general meeting can expel members who may not rejoin the committee for another year. You will also be able to hold another committee election at any general meeting, not just the AGM.
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