Ziggy – When you submit the By-law Motion I would recommend that you also include the following information in your accompanying correspondence:
(1) That you are well aware that there is no requirement under the Act that a lawyer must create all By-laws for the Scheme. Nor is there a requirement under the Act that a particular lawyer must create all By-laws for the Scheme. For the SM or the SC to allege that these matters are a requirement under the Act is clearly false.
(2) That any subsequent check by a lawyer of the By-law is to be at the expense of the Owner’s Corporation being that there are no provisions under the Act to pass this financial burden on to you, the submitter of the By-law Motion.
(3) That it is not the responsibility of the Strata Manager or the Strata Committee to approve By-laws. The responsibility to approve By-laws rests with the members of the Owner’s Corporation at a General Meeting.
(4) That you expect that your By-law Motion will be included within the Agenda of the next General Meeting as per the Act, and that the Motion is to be voted on by the members of the Owner’s Corporation, and if approved is Registered as per the Act.
(5) That if the Strata Manager or the Strata Committee for the Owner’s Corporation continues to frustrate your attempts to have an awning erected that you will have no other choice but to take this matter to Mediation and/or to NCAT, particularly in view of the existing precedents i.e. the fact that an awning has previously been erected at your Lot, and that other Owners have been permitted to erected an awning.
(6) That the Strata Manager is to acknowledge in writing the receipt of your letter and your By-law Motion.
NB: At the next available opportunity I would seek to have your SM’s contract not be renewed. Based on the information that you have provided he/she is clearly not fulfilling their job in a satisfactory or competent manner.