#48212
Jimmy-T
Keymaster

    Kaindub said: My opinion – bylaws are fully enforceable, rules are not.

    I don’t think it’s as simple as that.  Strata law itself is structured with the Act (laws) and Regulations (rules).

    I don’t think you can or should have a specific rigid by-law to cover every little area of strata scheme management, nor do I think that rules are unenforceable if they are covered by a valid enabling by-law.

    If a by-law says the strata scheme can impose rules, for instance, on the use of visitor’s parking, and those rules are published as part of the current by-laws (and then re-published if they are changed, for whatever reason) then breaches can be pursued via Notices to Comply.

    Don’t forget that a Notice To Comply is basically both a warning and a threat and the warning part must include the specific part of the bylaw that has allegedly been breached.

    I can’t see how telling someone to stop breaching rule x of by-law z (which is then spelled out) is not a valid Notice to Comply.

     

     

     

     

    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.