Re: Issuing Notice To Comply

Thanks Scotlandx and Whale for your comments:

Scotlandx – Getting a resolution of the Executive Committee (EC) (or the OC at a general meeting) is the norm when the Strata Manager has not been delegated the function of issuing the Notice to Comply. In our agreement, Schedule 2 includes “Work associated with by-laws (amendments, additions, deletions, registrations, enforcement and breaches”. Issuing of Notices to Comply come under “Enforcements”. That should be specific enough.

 Also, the issue is not whether we should hold the meeting – the issue is whether the Strata Manager’s advice is correct.  This is because I am applying Section 45(3) of the Act to show that the delegation has been given to the Strata Manager, hence instructions from the EC (after agreement among themselves via email correspondence) to issue the NTC should be sufficient. However, his interpretation is that he has not been given the delegation, hence the EC has to hold a formal EC meeting and provide the minutes etc before he acts.