#55818
Jimmy-T
Keymaster

    As to other by laws, earlier I wrote that I understood from a lawyer last year that an OC or SC is not compelled to enforce a by law or by laws if it so chooses.

    But then you write:

    The strata committee must enforce the by-laws if they “reasonably believe” there has been a breach. The committee or body corporate may have to demonstrate that it is reasonable in the circumstances of the alleged breach to not enforce the by-laws.

    That confirms that the strata scheme is expected to enforce by-laws unless it believes no breach has occured, and confirms what I wrote earlier.

    While there is no penalty for the strata committee failing to enforce by-laws, they are still expected to do so and can be ordered to do so by the Tribunal.

    Of course strata committees aren’t expected to enforce by-laws when they don’t think breaches have occured, and no, there are no StrataKops who will arrest them for failure to enforce by-laws where breaches have occured.

    But there is an expectation that they will pursue breaches of by-laws and clear avenues for owners to take the unwilling strata committees to the tribunal to seek orders when they don’t.

    Furthermore, their failure to enforce by-laws would be prettty damning evidence in a case brough for removal of strata committee members or the appointment of a compulsory strata manager.

     

    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.