› Flat Chat Strata Forum › By-laws and outlaws › Enforcing breach of by-law after more than 3 yrs? › Current Page
ach said:
1. The following post here on FlatChat states that there must be a complaint submitted before a notice to comply can be issued:
/forum/by-laws-and-outlaws/processes-of-by-law-enforcement/#p598Is this correct, does the Executive Commitee really need a complaint to be submitted before it can enforce bylaws?
Hi Ach,
It is preferable there be a written complaint but the EC, not the agent – unless the agent has been given the powers of the EC in the agreement, can act if the EC is satisfied there has been a breach of a by-law.
There is no legal requirement for a written complaint but a good EC will generally not act without one. There being a written complaint is good procedure, not a legal requirement.
You should expect to see an item on an EC meeting agenda if the EC is considering sending a notice to comply. If there was not proper notice of the matter on an EC meeting agenda then note that in my SP a notice to comply was retracted after such a failure (abnd mediation) and there is always the famous quote from, now deputy Chair, CTTT Member Balding.
“I accept in effect the applicant’s submission that before a decision can be made by the owners corporation whether at its general meeting or by its executive committee meeting there must be due notice.”
M Balding in Bales v The Owners Corporation SP 12303 (Strata and Community Schemes) [2009] NSWCTTT 296 (2 June 2009)
Sending a notice is a decision and proper notice is important – allegedly.
Jimmy gives you good advice. It is now the OC’s problem given their “approval” came in the form of acquiescence when the unit was installed.