› Flat Chat Strata Forum › Living in strata › Enforcement of By-Laws › Current Page
@Felix said:
The question from some Owners is whether or not the by-laws can be enforced now from a new EC and enforced since a period of time has elapsed and if they can, how far back in time can the EC go?
By-laws are permanent (until they are changed) but ECs come and go. Any breach of a by-law can be challenged at any time and OCs can insist that common property be returned to its previous state or a special resolution by-law be agreed to cover the changes and the maintenance of the ares affected.
That said, getting some of the numpties at NCAT to understand that strata law and by-laws actually count for something can be an uphill struggle.
The same question involves the decisions made without an EGM being held and the payment of the OC funds without approval from the Owners.
Decisions that should have been made at a general meeting but weren’t can be challenged by a request for orders at NCAT.
One would have thought the EC would have been guided by the Managing Agent.
You’d think so but some strata managers take the view that they are supposed to be instructed by the owners and not the other way round – which is true but often unhelpful.