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@JimmyT said:However, there is a grey area which I am currently investigating – does non-compliance with by-laws constitute a breach of the lease agreement?
I agree that it’s a grey area, but can add that when I represented our Owners Corporation (O/C) at the Consumer, Trader, and Tenancy Tribunal (CTTT) on an occasion when we had issued tenants with a Notice to Comply, the Adjudicator acknowledged that the tenants had breached the By-Law (which infers a requirement to comply), but dismissed the matter as the tenants claimed that they hadn’t been provided with a copy of those By-Laws by their Property Manager; if body-language was any indication, I believed them.
So the O/C then lodged a Complaint against the Property Manager and their Licensee with the Office of Fair Trading under Cl 191 (a)+(c) of the Property, Stock and Business Agents Act, and that too was dismissed because the Investigator determined that the O/C did not have a documented business relationship with the Property Manager or with their Agency, and that it therefore had no grounds to lodge a complaint.
Not a good month, but more lessons learnt!!
I’ve since included our Plan’s By-Laws and Special By-Laws as a download on our Plan’s website, and so far as I’m aware only one (1) of the six (6) Agencies whose Property Managers place permanent tenants in our Plan now provides that information; so the Executive Committee does, together with the “Welcome Letter” that I’ve mentioned in past posts.