Our Plan uses the proforma Notice to Comply (NTC) that’s provided (as a pdf download) on the NSW Office of Fair Trading’s website.
We’re self-managed, but the notes appended at the bottom of the proforma NTC may clarify the points being made on other posts concerning the requirement for an Executive Committee Meeting and the ability of a Strata Manager to decide (see note 2 below) to issue the NTC under a delegation forming part of their Agency Agreement with the Owners Corporation.
The relevant notes are:
1) The executive committee, or owners corporation if it has decided not to let the executive committee issue this notice, must convene and hold a meeting to decide to issue the Notice and record its decision in the minutes. Alternatively a managing agent that has been delegated the function may decide to issue a Notice.
2) The secretary or managing agent should keep a copy of this notice, and a record of the date and method of service. A strata managing agent who issues a Notice must make a written record specifying that action and the manner in which it was done and serve a copy of the record on the owners corporation.
The use of the word “decide” is interesting in terms of a Strata Manager (SM) exercising their delegated function, but to be safe I’d still ensure that the Secretary formally instructs the SM to issue the NTC concurrently with providing the details of the alleged breach incident/s and the resident’s details.