#17291
Jimmy-T
Keymaster

    I think you are right.  It looks like the strata manager has full delegated powers which means they can go ahead and issue the Notice To Comply.

    Does anyone read this differently?

    Here’s what the law says:

    STRATA SCHEMES MANAGEMENT ACT 1996 – SECT 45

    45 How can an owners corporation enforce the by-laws?

    (1) An owners corporation may serve a notice, in a form approved by the Director-General, on the owner or occupier of a lot requiring the owner or occupier to comply with a specified by-law if the owners corporation is satisfied that the owner or occupier has contravened that by-law.

    (2) A notice cannot be issued under this section unless a resolution approving the issue of the notice, or the issue of notices for the type of contravention concerned, has first been passed by the owners corporation or the executive committee of the owners corporation.

    (3) Subsection (2) does not apply to the issue of a notice under this section by a strata managing agent if that function has been delegated to the strata managing agent in accordance with this Act.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.