#36328
Sir Humphrey
Strataguru

    The EGM could pass a motion directing the council/committee to seek Tribunal orders to enforce a particular set of breach notices, which should specify what by-law has been breached what the owner is supposed to do or not do to remedy that breach. In itself that would add weight to the seriousness with which the whole Owners Corporation takes the matter and it would demonstrate that the matter is not just about one member of the committee with an unreasonable beef. The motion could include approving a budget for legal expenses. Don’t ham-string the committee by not allocating enough. The GM resolution might also direct the committee to take advice on whether it could recoup some or all of that cost through a Tribunal order or other means. I don’t think you could just bill the offending owner without the Tribunal authority.

    Where I am (ACT), the strata legislation allows the committee to take legal action if the cost is unlikely to exceed an amount set and adjusted from time to time by regulation. If a general meeting approves a cost then the default limit on the committee is overridden by the general meeting direction.

    We also have a section of the Act which says the OC can recoup reasonable costs, including legal costs, if it has in carrying out its functions incurred an expense, or carried out work, that is necessary because of a wilful or negligent act or omission of a member of the corporation, or an occupier of the member’s unit; or a breach of its rules by a member of the corporation, or an occupier of the member’s unit.

    Perhaps you have a similar section of your strata act, which you can refer to.