@Nettie said:
The notice is hand written onto a typed form. It just states Bylaw 7 (which I think is the same as bylaw 5 in the new strata laws)
The Notice To Comply has to contain the details of the by-law, including, one would think, any exceptions or exclusions
It states “Installing unapproved netting to the balcony of unit xxx causing damage to the common property” Our building is a new building. We moved in last April.
OK, so this is clearly not an older building with lower balustrades (or the pre 1996 by-laws). Why do you think you need netting?
You have breached Section 108 of the Strata Schemes Management Act 2015.
Anything that attaches to common property shouldn’t be installed without a special resolution by-law that passes ongoing responsibility to the lot owner (you). That is basic strata law, hence the reference to section 108. That doesn’t prevent you from doing this – but you have to follow procedures.
I might add that just because a significant number of owners don’t want to pass the special resolution by-law doesn’t mean that it can’t be done. But you would need to get NCAT to issue an order compelling them to pass the resolution if they declined to do so by normal means.
I would just let this run its course. Let them take you to NCAT and tell the Member there that you received conflicting and contradictory advice and you require a ruling by which you are happy to abide.