JimmyT said
Whale’s suggestion that the outcome of such a motion might be to issue a warning letter is also fine because that’s just correspondence and has no legal standing in strata law beyond that.
Correct – but I suggested the Advice Letter because in two (2) of my earliest appearances before the CTTT, firstly an Adjudicator and then a Member asked whether the Owners Corporation (O/C) had “communicated with” the residents in breach prior to it issuing the Notice to Comply (NTC).
In the first matter the conciliation didn’t get off to a good start (or finish too well) because the O/C didn’t do anything proactively to advise the residents that they were breaching the By-Law prior to issuing the NTC, and in the second matter the Member found in favour of the residents because they claimed that nobody from the Executive Committee advised them that they were in breach, and moreso because their Rental Agent didn’t include a copy of the Plan’s By-Laws with their Lease.
So as I don’t need to head-butt a wall more than a couple of times to realise that it hurts, our O/C agreed to implement a process whereby from that time on two members of the E/C would speak with residents who it believes have breached By-Laws, then issue an Advice Letter if it happens again, and only then hold a Meeting and resolve to issue the NTC if the same breach occurs for a third time.
Again, I acknowledge that this process is not in accordance with strata law and it is a bit cumbersome, but the CTTT appears to like it that way – although as our last appearance before it was a lay down misere under any criteria I can’t say whether our process assisted or not, but it can’t hurt in my opinion.