› Flat Chat Strata Forum › By-laws and outlaws › How to compel EC to issue breach of By Law › Current Page
ccgirl asked….
If I take my complaint to the NCAT do I address my complaint against the Executive Committee for not enforcing the by-laws or against the offending owner for breaking the by-laws?
Ans: Your complaint should be against the Owners Corporation (O/C) for not enforcing its By-Laws, but note that Sect 138 may only be used if the specific Breach that you’re referring to is not covered by any of the other Sects under Part 4 of the Act (i.e. 138 – 162), or if a formal / written request by you for the O/C, incl. via the Executive Committee (E/C), to enforce a By-Law had not be acted upon within 2 months. Note also that if you’re relying purely upon Sect 138, Cl. 2, then a minuted decision of the O/C or E/C not to enforce a By-Law would be considered as it “acting upon” your request.
and…..
From my reading of Sec 138 this only seems to apply if an Adjudicator has been appointed. Is this correct or am I missing something?
Ans: NO, you’d be seeking Orders from an Adjudicator if your attempt to Mediate your dispute with the O/C failed.