@Ziggy said:
I agree with dustyrusty. I wanted to take our SC to Fair Trading (and hence NCAT) but was told I couldn’t; that I could only take the OC to mediation.
“taking the strata committee to Fair Trading” IS mediation. It’s a necessary prerequisite before you go to NCAT in most cases. Even if the SC doesn’t turn up, you have to go through the motions. The SC represents the OC in this regard so someone has been splitting hairs.
Re DNA, the owners in our building have been asked to vote on a motion to create a special bylaw that is unfair and unjust to owner/occupiers. We therefore don’t want this motion approved because, if it is, we can be fined for requesting that common property be maintained in a good and serviceable state.
You can only be fined for breaching a by-law. A by-law is invalid if it contravenes the strata Act and since the Act allows you to request request that common property be maintained – and in fact insists that it is – then the by-law would be invalid.
What does the proposed by-law actually say?