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Hmm. We have that situation the other way around. An owner erected a structure on the unit area without approval. The EC issued a rules infringement notice (ACT-speak for breach notice) with a generous deadline and that was ignored, so we went to the tribunal. The Tribunal decided that our rule on alterations was valid and that the infringement notice was valid and the unit owner was ordered to comply with the notice (requiring the structure to be removed) with an extended deadline. She has now just failed to remove the structure by the new deadline.
So, here at least, we have learned that the next step is to go to the Magistrates Court seeking an ‘enforcement order’ to give effect to the Tribunal’s order. In this case where a person was required to do an act (IE remove the structure) the Court can appoint another person to do that act and order the person who should have done it to pay costs.
In the case of a by-law not being made by the OC after it was ordered to do so, the relevant NSW Court might be able to simply deem it to have been made.
I was worried in our case that the unit owner might have a mechanism to reopen the matter and start the argument from scratch again. I was told that would not happen. The Magistrates Court would only be interested in making the Tribunal orders happen. I would expect NSW to have a parallel approach.