In that case, take the breach notice to Fair Trading then NCAT yourself. And at your next AGM propose a motion that in the event of any future deadlock, the strata manager is empowered to act in the best interest of the block. I’m surprised the strata manager doesn’t have these delegated powers (under section 146 (4), below) as they are fairly standard
But maybe you could just ask the person who is sitting on the fence to approve the Notice To Comply- which is, after all, just a warning – and save everyone including themselves a lot of hassle and possibly even money.
146 Notice by owners corporation to owner or occupier
(1) An owners corporation for a strata scheme may give a notice, in a form approved by
the Secretary, to the owner or occupier of a lot in the scheme requiring the owner or
occupier to comply with a specified by-law if the owners corporation is satisfied that
the owner or occupier has contravened that by-law.
(2) The notice must contain a copy of the specified by-law.
(3) A notice must not be given unless a resolution approving the issue of the notice, or
the issue of notices for the type of contravention concerned, has first been passed by
the owners corporation at a general meeting or by the strata committee of the owners
corporation.
(4) Subsection (3) does not apply to the giving of a notice by a strata managing agent if
that function has been delegated to the strata managing agent in accordance with this
Act