I note the point about police not having been called, but this is irrelevant. The fact that it is only one resident who has complained is also of very little concern.
The key issue is whether or not your late night chats in your backyard are unreasonably disturbing the neighbour’s peaceful enjoyment of their lot (a right that its protected by strata law and, probably, by your by-laws too).
If you, your family and friends are making noise, even just by talking, to the extent that the resident of an adjoining unit is, for instance, kept awake at night, then you may well be in breach of the law and by-laws.
As to what to do next, a Notice To Comply is an opportunity to moderate your behaviour so that you and your family and guests aren’t breaching by-laws.
If you don’t think you are making too much noise, and the complaint is false, keep doing what you’re doing and see what happens next (probably an application for a fine at NCAT).
But if alcohol is involved, you may not even be aware of the noise that you are making. So think about it before you go to the barricades on this. Take your late-night chats inside after, say 10pm – then everyone will get some peace.
Also, if you have the slightest suggestion in your mind that this is your home and you have a right to do as you please, prepare yourself for a potentially long, costly and nasty battle that may end up with you being fined AND having to moderate your behaviour anyway.
He has presented his diary notes to the strata manager, he is not on the committee … the strata manager has acted on his complaint based on his diary notes and without committee endorsement or sanction
The strata manager doesn’t need the endorsement of the committee to issue a Notice to Comply. Also, it makes no difference whether or not the neighbour is on the committee.
There seem to be a couple misconceptions here about how strata works. You may do well to read the factsteets produced by Fair Trading to get a better idea of where you stand on this and other issues.