#74046
tina
Flatchatter

    … claiming I have breached by-laws as I should not be writing direct to owners. No owner has complained or requested removal from the distribution.

    Imagine if you wanted to invite all the owners to a party. Would it be illegal to write to them with an invitation?

    I have been issued with a Notice to Comply invoice amounting to $220.00 which I will challenge through Fair Trading and NCAT.

    This sounds like a bluff. There is no such thing as a “Notice to Comply invoice”. Did the strata committee give you a form which looks like NSW Fair Trading’s Notice to Comply with a By-Law Form (see below)?

    https://www.nsw.gov.au/sites/default/files/2022-03/notice-to-comply.pdf

    You need to see the exact wording of your by-laws to confirm whether such a by-law exists. If such a by-law does exist, you could apply to NCAT to have it invalidated for being “harsh, unconscionable or oppressive”.

    Next, one of the earlier chats between David Bannerman and Jimmy noted that the owners corporation cannot issue a fine or a Notice to Comply invoice unless NCAT first makes an order for your to pay.

    Finally, I suggest you familiarise yourself with Strata Schemes Management Act 2015 (NSW). Google it. Scroll down to “Part 7. By-Laws for Strata Schemes”. Sections 146 to 150 are most relevant to your question.