#54846
Jimmy-T
Keymaster

    The strata manager is obliged to follow the (legal) instructions of the strata committee and owners corporation.

    The committee, at a properly convened meeting, can resolve to issue Notices To Comply (NTCs) themselves or instruct the strata manager to do so.

    The strata manager is also empowered to issue valid NTCs off their own bat, when they see a breach has occurred.

    If the committee has met and resolved to issue an NTC, they could do so themselves, using the prescribed form. NB: this is the only valid form that can be used in NSW and must have the by-law that the resident is believed to have breached attached.

    If the committee has instructed the strata manager to issue the form and they have declined to do so, you are entitled to ask why as that could be a breach of their contract.

    By the way, some schemes and strata managers seem to think you have to issue written warnings first.  A scheme may decide to do so as a matter of their own protocols, but this is not a legal requirement (unless it’s written into your by-laws).

    A Notice To Comply IS a warning: any punishment only comes after it has been ignored.

    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.