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@dingo said:
In reality the process for enforcing by-laws is not as simple as many people would like it to be – here is an example;
That may be true but the examples quoted are very specific and by no means usual or common.
Working on the basis that you should never ascribe to malice anything that can just as easily be attributed to stupidity, the same people who don’t enforce by-laws often do so because they don’t know a) that they can and b) how to do it.
Oh, and let’s not forget c) “What by-laws?”
There are many ways to get have by-laws enforce.
The first is to raise the issue by a motion to the strata committee asking for a Notice To Comply to be issued.
The second is to raise the issue yourself at Fair Trading, asking for a mediation (now free) as an obligatory precursor to seeking orders at NCAT.
The third is to seek mediation at Fair Trading as a precursor to taking your strata committee to NCAT to seek orders under section 232 requiring them to fulfill their responsibilities as the committee of the Owners Corporation.
The last one is quite interesting as it might scare the committee into actually doing something.