#57214
Jimmy-T
Keymaster

    Here are the relevant sections of the by-laws of this particular scheme:

    Maintenance and Repair of Buildings or other Improvements on Community Lots
    30. The owner of a community lot must:
    30.1. maintain the community lot and all buildings and improvements on it in good repair;
    30.2. carry out any work ordered by any statutory authority in respect of the community lot or the
    buildings or improvements on it.
    31. The owner and the occupier of a community lot must keep the community lot and any buildings
    and improvements on it in a clean and tidy condition.
    32. The owner and the occupier of a community lot must properly maintain the landscaping on a
    community lot.

    Offence
    40. A person who contravenes or fails to comply with a provision of these by-laws is guilty of an
    offence. Maximum penalty: $500.00.

    It’s absolutely clear that there are obligations on all owners and penalties for not fulfilling them. Your problems will arise if owners decide they’d rather pay the fine that pay for repairs.  And that leads to the question of how often you can issue breach notices and fines and on how many different aspects of the by-laws you can allege breaches by the one lot.

    Of course, in the event of outright refusal or failure to undertake the work, you could then go to the Magistrates Court to seek orders.

    But that’s way down the track. I would start with a motion at a management committee meeting committing the scheme to requiring owners to maintain and repair all lots, inviting owners to participate in work that can be done collectively (to save money)  and a low-key warning that there are steps that the scheme can take to compel owners to do the work.

     

    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.