#54929
Jimmy-T
Keymaster

    You’re right to be concerned about this being left too long and your strata manager is certainly erring on the side of caution.

    Here’s the thing about “breach notices”.  A Notice To Comply is the only legal instrument you can use in the  Tribunal system to deal with by-law breaches.  It is not a fine, it is a warning – so why would sh send someone a warning to tell them you are going to send them a warning.

    Your committee needs to meet and instruct the strata manager to issue a Notice To Comply for each of the by-law breaches.  The owner then has to comply immediately or face action at NCAT which could lead to fines and orders.

    I can understand strata managers sending a warning notice as a courtesy to people who don’t know or care about by-laws, just to give them a chance to sort themselves out. But giving them six weeks before proceeding with a first step is ridiculous.

    After this is done, you might want to look at establishing protocols for by-law breaches. Maybe one warning with a two-week grace period, followed by NTCs

    By the way, your Notices To Comply can only list one by-law per per form but can list multiple breaches of that by-law, if need be.

    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.