#60381
Jimmy-T
Keymaster

    I have noted two special by-laws registered on a Strata Plans which are clearly invalid.
    The second is relates to maintenance of Child safety window devices … which states: “Clarify the provisions on window safety devices in the Management Act to make it clear it is an owners corporation responsibility to ensure that the devices are maintained”

    As you rightly point out, section 118 clearly states the responsibility for childproof window locks is the OC’s “at its own expense”.

    118   Window safety devices—child safety

    (1)  An owners corporation for a strata scheme to which this section applies must ensure that there are complying window safety devices for all windows of each building in the strata scheme that are windows to which this section applies.

    Maximum penalty—5 penalty units.

    (2)  An owners corporation is to carry out work related to its functions under this section at its own expense and may, for the purposes of this section, carry out work on any part of the parcel.

    I am doubtful the current Strata Manger and committee will take any action to repeal these by-laws any time soon, and it may require a motion by a lot owner to be put at the next AGM. Does such a motion require a 75% majority for a repeal or just a simple majority.

    So be that owner and add an item to the agenda of the next general meeting to repeal the by-laws and explain why.  And yes it will require a 75 per cent vote (of those actually voting at the meeting) but if you explain that owners who allow unsound by-laws to remain leave the scheme open to expensive litigation by anyone who refuses to comply, that might focus their thoughts.

    The other alternate is lodge a dispute and start mediation / take tribunal action, which is the least desired option.

    Or you refuse to pay the fines and let them take you to NCAT where you can get the by-law kicked out.  In your situation, I would probably start by asking for mediation at Fair Trading purauant to applying to NCAT unser Section 150, repeal of by-laws. It’s more hassle for you and at least that keeps you on the right side of  the issue.

    NB: You continued this discussion by opening a second thread. I have merged the two together as that is not permitted on this website.  Please choose a lane and stick to it – JT

    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.