Costa has described breaches of statute law as well as his scheme’s by-laws. Unfortunately, as he acknowledges, his scheme does not have the evidence to achieve conviction(s) of the presumed offender in court.
Someone might have to be on the right spot at the right time to catch the offender in the act. I haven’t done sums on the cost of CCTV and its associated supporting systems, but a scheme of 38 units might find it cost-effective (depending on layout and the number of cameras needed).
It may not be an explicitly stated role of the Owners Corporation or its Executive Committee to resolve inter-personal disputes, and there are no by-laws against being ‘difficult’ — in isolation — but there are rules against interfering with the ‘quiet enjoyment’ of other residents, and complaints and Notices to Comply could be carefully framed to capture this.
My submission to the review of the NSW Strata Act a few years ago (remember that, and the hope that it put into so many of our hearts?) included
“Something that cannot be legislated in detail, but would be desirable in some sort of preamble to the Act, is an expectation that occupants observe not just the letter of their Scheme’s By-laws, but also the spirit of those that are (or should be) intended to facilitate living at close quarters and sharing facilities.”
Can we live in hope that this could still come about, with a future Minister given strata affairs as a core responsibility and an opportunity to make a mark for future advancement?