› Flat Chat Strata Forum › Strata Committees › EC Delegation › Current Page
Regarding issuing notices to comply,
Under subsection 4 of Section 146 of the new SSMA 2015 there appears to be a provision for the strata manager to issue notices for by-law breaches without a resolution needing to be passed at a meeting (there was also something similar in the old Act). Our previous EC had at a previous meeting resolved to delegate its authority to issue notices to the strata manager.
Unfortunately many of our residents including half of the current EC own more than one vehicle and continually park on the grass, as do their visitors. The EC certainly arn’t interested in having meetings to resolve to issue anyone let alone themselves notices.
The strata manager has asked for and been provided with date stamped photos that clearly show the vehicles parked on the lawns. He has also written warning letters to the offenders. While no notices have been issued to date as the strata manager said he was waiting for the new Regulations to come in on 30 November, I do live in hope. It would be nice to look out and see lovely lawns rather than a car park!
I ‘ve copied the relevant part of the Act below
146 Notice by owners corporation to owner or occupier
(3) A notice must not be given unless a resolution approving the issue of the notice, or the issue of notices for the type of contravention concerned, has first been passed by the owners corporation at a general meeting or by the strata committee of the owners corporation.
(4) Subsection (3) does not apply to the giving of a notice by a strata managing agent if that function has been delegated to the strata managing agent in accordance with this Act.