Coincidentally, this is exactly the same advice as I am giving an other owners on a different issue.
The Owners Corporation or committee can’t just decide to ignore its own by-laws.
So start proceedings at Fair Trading seeking mediation leading to a binding agreement to issue a Notice To Comply and pursue it the NCAT if need be.
If they refuse start proceedings at NCAT seeking orders under Section 232 (extract below) which says that he Tribunal can make an order to settle a complaint or dispute about the operation, administration or management of a strata scheme, and/or failure to exercise, a function conferred or imposed by the Act or the by-laws of a strata scheme.
Failure to issue NTCs for by-law breaches is a failure under section 232, as was explained to me by former Fair Trading minister Victor Dominello before he moved up the government food chain.
232 ORDERS TO SETTLE DISPUTES OR RECTIFY COMPLAINTS
(1) Orders relating to complaints and disputes
The Tribunal may, on application by an interested person, original owner or building manager, make an order to settle a complaint or dispute about any of the following:
(a) the operation, administration or management of a strata scheme under this Act,
(b) an agreement authorised or required to be entered into under this Act,
(c) an agreement appointing a strata managing agent or a building manager,
(d) an agreement between the owners corporation and an owner, mortgagee or covenant chargee of a lot in a strata scheme that relates to the scheme or a matter arising under the scheme,
(e) an exercise of, or failure to exercise, a function conferred or imposed by or under this Act or the by-laws of a strata scheme,
(f) an exercise of, or failure to exercise, a function conferred or imposed on an owners corporation under any other Act.
(2) Failure to exercise a function
For the purposes of this section, an owners corporation, strata committee or building management committee is taken not to have exercised a function if:
(a) it decides not to exercise the function, or
(b) application is made to it to exercise the function and it fails for 2 months after the making of the application to exercise the function in accordance with the application or to inform the applicant that it has decided not to exercise the function in accordance with the application.