#46144
Jimmy-T
Keymaster

    Crispy said: “I do not agree that imposing a fine is a form of bullying …”

    I don’t think fining residents for by-law breaches is bullying – and that’s not what I wrote –  but demanding payment for “costs” that have no legal basis definitely is.

    I am aware of one major strata law firm that advises its committees to hammer residents with these bogus costs claims, knowing perfectly well that they are unenforceable. Sooner or later someone is going to complain about them to Fair Trading (who will do precisely nothing except maybe tell them to stop … maybe).

    And I am aware of some committees who use the threat of costs to silence dissenting owners.

    I completely empathise with any committee that’s having to deal with serial offenders and have often written that issuing several warnings before issuing a Notice To Comply is a waste of time and sends out the wrong signal.

    I think communities only work when a fair set of rules is imposed fairly – and that means giving people a chance to stop their bad behaviour and then hammering them when they choose not to change their ways.  That is precisely what Notices to Comply are for, and they are undermined by threats of bogus “costs” payments.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.