It’s interesting that you should mention this as there is a creeping trend in some strata schemes to NOT do anything about disputes, characterise them as personal and leave it to the combatants to sort it out.
In fact, in my own building, complaints by several residents about one owner have resulted in an edict from our chairman that these are personal issues between residents and nothing to do with the EC or owners corp.
I am guessing that this may be part of a “user pays” policy intended to keep levies down, as any involvement of our strata manager quite reasonably comes at a price.
As a result, I contacted a very senior person in Fair Trading and this is what they said:
The by-laws are binding on all owners/occupiers and the responsibility of the owners corp to oversee and enforce via Notice to Comply/Penalties or mediation/NCAT.
So they are an EC and/or general meeting issue. The EC may decide that certain behaviour does not constitute a breach, but they cant say they are not responsible for administering by-laws.
I’d suggest an owner write to the secretary requesting a motion be put to EC meeting (or general meeting) to pursue a by-law breach (including notice to comply/penalty and mediation/NCAT – this is to give them full authority to pursue whatever action may be required if the person in breach does not respond).
Alternatively, an owner affected by the breach, or any other owner or tenant really, can apply for mediation themselves against the person in breach – to mediate, then seek orders if necessary.
So, following the above advice, put a motion to the next EC meeting and if they don’t do anything (or refuse to do anything) you can pursue them through a Section 138 where an NCAT adjudicator can order the EC to take action.
Why would you do this rather than just take action yourself? To make it clear to your EC that their “do nothing” policy is a false economy. They can either accept their responsibilities or double their costs by being taken to the Tribunal and then having to take action anyway.
By the way, anyone who gets on to an EC with the intention of by-passing their responsibilities, just to save money, should be run out of town on a rail at the first opportunity.