#70375
Jimmy-T
Keymaster

    How can I put this?  The strata manager doesn’t know what they’re doing and, fundamentally, that’s what you have to deal with.

    Take the “written warnings”. Notices to Comply are  written warnings so all you are doing is warning them that they will get more warnings.

    Huh? Let’s reverse into this.  If you want to take action for a breach of by-laws, you must (in NSW) have issued a Notice to Comply. That’s the law. So if you send someone a warning telling them that if they don’t stop misbehaving you will take further action, that action must, according to strata law, be a Notice to Comply.

    A Notice to Comply says that the resident has breached such and such a by-law and if they don’t stop, then they will be taken to NCAT and they might get fined. Is that a warning or a threat? It doesn’t matter.

    If you send them any other, non-NTC warning of further action, you are effectively saying, if you don’t heed this warning we are going to send you another warning.

    Your strata manager should know this. Time to start looking for a new SM before they do real damage, methinks.

     

    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.