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02/12/2022 at 3:09 pm
#66477
S.153 might well apply.
But who is causing the nuisance and who is being affected by the nuisance?
It’s a lot v lot issue on a possible strata Act breach.
With lot v lot issues on Act breaches, an OC/BC need not get involved. And in some types of lot v lot disputes it probably shouldn’t get involved. But involvement or not is an OC/BC decision – at least at committee level.
There is an argument that OC/BCs have a duty to try to at least try to enforce their own by-laws/rules, even in lot v lot disputes.
Even in the landmark QLD case mentioned above, the Adjudicator noted that.