#66477
Austman
Flatchatter

    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.