#12445
Jimmy-T
Keymaster
Chat-starter

    Here's the official CTTT response from Garry Wilson, Deputy Chairperson:

    The Consumer, Trader and Tenancy Tribunal will make appropriate orders in strata applications where clear evidence is available to substantiate the order.  In this particular case, the Owners Corporation failed to comply with section 45 of the Strata Schemes Management Act 1996 and therefore an order could not be made in accordance with the legislation.  Based on the evidence provided to the Tribunal, the notice to comply with a by-law was issued prior to a resolution being made by the Owners Corporation approving the issue of the notice and therefore was not issued in accordance with the Act.

     

    Now that the resolution has been approved by the Owners Corporation, it can recommence the action if it is considered to still be necessary and appropriate.

    The fee for the issue of a summons of police incident reports is being refunded.

    Here is the section in question:

     

    STRATA SCHEMES MANAGEMENT ACT 1996 – SECT 45

    45 How can an owners corporation enforce the by-laws?

    (1) An owners corporation may serve a notice, in a form approved by the Director-General, on the owner or occupier of a lot requiring the owner or occupier to comply with a specified by-law if the owners corporation is satisfied that the owner or occupier has contravened that by-law.

    (2) A notice cannot be issued under this section unless a resolution approving the issue of the notice, or the issue of notices for the type of contravention concerned, has first been passed by the owners corporation or the executive committee of the owners corporation.

    There is no discretion with the requirements in 45(2).

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.