Fey Knows – We all work within the boundaries of the Legislation. Sometimes it is best to get involved in the running of the Committee if you wish to make it work better.
As for your comment about your upstairs neighbour – if you have proof (i.e. photographs, dates, times etc) that the upstairs neighbour is breaching the by-laws then you should write to the Committee and advise them of the breaches before the upcoming meeting.
In your correspondence – ask that the Committee write to the upstairs neighbour and remind them of their obligations to comply with the by-laws. Your correspondence should be tabled at the meeting. The Committee should take action as a result of your letter and/or email. Attend the meeting, if you can, to ensure that this matter is dealt with.
From the Office of Fair Trading:
“All owners and occupiers in a strata scheme, including tenants, are legally obliged to comply with the by-laws of the scheme.”
“If an owner or resident breaches a by-law, the strata committee can first contact the resident to advise of the breach, and ask that they stop the conduct that is causing the breach.
If it continues, the owners corporation can serve a ‘Notice to Comply with a By-Law’ on the person who is breaching it. This notice advises the resident of the breach and asks for the conduct to cease immediately. The notice can be a letter or email and must include the details of the by-law that has allegedly been breached. A copy of a Notice to Comply with a By-Law is available on the Fair Trading website.
The notice can’t be given without a majority vote at a meeting of the owners. However, the owners corporation can delegate their responsibility for issuing notices to comply to the strata committee or the strata managing agent. A notice must be issued before any further action can be taken to enforce the by-laws.”