Ziggy said:
What if the person parking illegally in a visitor’s spot is the partner of an SC member?
All the more reason for pursuing this. If the committee does nothing, you can seek mediation and then take them to NCAT under section 232 (2) of the Act – Failure to exercise a function (below).
There was a good reason that they changed the name of committees from ‘executive” to “strata” – some members thought that being on the committee entitled them to executive privileges. It doesn’t but it does come with the implied responsibility to set a good example to other owners.
Send them a letter asking that all illegal parking on common property be dealt with for everyone, including committee members, or you will raise the matter at NCAT. Then wait two months for them to either refuse or do nothing, then apply to Fair Trading for mediation.
Failure to exercise a function
For the purposes of this section, an owners corporation, strata committee or building management committee is taken not to have exercised a function if:
(a) it decides not to exercise the function, or
(b) application is made to it to exercise the function and it fails for 2 months after the making of the application to exercise the function in accordance with the application or to inform the applicant that it has decided not to exercise the function in accordance with the application.