#13847
Jimmy-T
Keymaster

    Meebee said:

    In the meantime, the member of the strata who called the tree lopper on the instruction of the strata agent has been issued with an infringement notice from the council.  I do not see that it is this person who should have the infringement recorded against them as they were merely acting as a conduit on instructions from the managing agent (which is in turn instructed by the owners corporation?). 

    From your replies, it seems that it is not the responsibility of the tree lopper.  Is it also not the the responsibility of the managing agent?  If not, it seems that the owners corporation should be the one recorded on the infringement notice?

    The problem is that technically the Strata Manager can only follow the instructions of the Owners Corporation and the Executive Committee. So at worst all the SM did was to offer bad advice.  The strata manager does not instruct the EC … they can only advise or carry out instructions given to them (unless decision-making powers have been devolved to them formally, and even then, they are acting as the EC and OC's agents).

    I'm guessing Council won't care who's ultimately responsible – they just want a name they can put on an infringement notice.

    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.