#20601
scotlandx
Strataguru

    It isn’t a matter between the Council and the OC, it is a matter between the Council and the owner.  The Council is responsible for administering the regulations, not the OC, and the Council enforces those regulations against the person who is doing the illegal act, i.e. the owner.  They wouldn’t issue orders against the OC unless the OC was doing something illegal on the common property.

    If the Council is told that the owner is using the area for an unapproved (illegal) purpose, it is then up to them to enforce their regulations.  All kittycat needs to do is notify the Council that she is concerned that the owner is running a hairdressing salon out of their garage.  Step away and watch what happens.

    However – as I said previously, it becomes more complicated if the EC/OC are aware that someone is using a part of the scheme illegally and they do nothing about it.  Strictly speaking – they should then notify the Council.  If there is evidence that they are/were aware and something happens, then they could be held liable for any consequences.  Also – it can void the OC’s insurance.

    We had just that issue – we found out that an owner was using part of their lot illegally.  The primary concerns for us were liability of the OC and the impact it would have on our insurance.