#73355
Jimmy-T
Keymaster

    a majority committee agreement is needed to escalate to the strata manager and non compliance with by-law proceedings. Do I need a majority committee agreement to address the non compliance?

    Just to be clear, if you don’t have the support of the committee, you will be pursuing this in the same way as any other individual owner.  However, you can do that.  You can report this to the strata manager but it is then up to them if they pursue it.

    Alternatively, you can seek mediation at Fair Trading pursuant to an action at NCAT – again, as an individual owner.  Needless to say, this will get very messy

    Personally, I would consider using a “stalking horse” strategy whereby you get another owner to make the complaint and have them throw in a threat that if the committee doesn’t do anything, the committee will also be taken to NCAT for failure to fulfil its duties (Section 232).

    As chair you can then put that complaint on your agenda and force your fellow committee members to either agree or accept that your by-laws are meaningless.

    And if you can’t find a suitable candidate for your stalking horse, then it may be that you are the only person who cares about this and it may be best to let it go.

     

    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.