#17914
Jimmy-T
Keymaster

    @kiwipaul said:
     

    3) I searched the Strata Schemes Management Act 1996 No 138 and can find no reference to Notice to Comply, so where does the Strata get the authority to issue a Notice to Comply.

    This is what it says in the Act – the ‘notice’ referred to is a Notice To Comply

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

    (1)  An owners corporation may serve a noticeNext Hit, 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 Previous HitnoticeNext Hit cannot be issued under this section unless a resolution approving the issue of the Previous HitnoticeNext Hit, 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 Previous HitnoticeNext Hit under this section by a strata managing agent if that function has been delegated to the strata managing agent in accordance with this Act.

    Note. The Tribunal may impose a pecuniary penalty on a person for failing to comply with a Previous Hitnotice under this section (see section 203).

     

    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.