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We have a very difficult new owner in our block who’s doing renovations without approval, from anywhere/anyone.
A Strata Committee member took some photos of these works from outside the Lot and emailed them to the Committee and the Strata Manager as evidence.
In addition , the SC member asked the SM to email the new owner requesting they cease all works until they have approval. This they did without deleting the photos.
The new owner is now seeking legal advice about a breach of privacy. Can this be done and what happens to the SC member.
In the meantime, the same SC member asked the SM to issue a Notice to Comply on the new owner. The SM said they need to hold a General Meeting to vote on it.
But Fair Trading states the following:
The owners corporation may allow the strata committee or strata manager to give notices for them. If this is the case, a notice to comply can be given without holding a general meeting.
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Firstly, there is no breach of privacy involved in someone taking pictures of the inside of a property from outside the property (unless it is for some salacious intent, like catching people in an intimate moment).
Secondly, is this strata manager the same buffoon who said you needed an EGM to approve timber floors?
Of course the strata manager can send out notices to comply on the committee’s say-so. As long as you have had a properly constituted committee meeting to approve the Notice To Comply (NTC). The strata manager can even send NTCs on their own volition (provided they have the standard delegated powers).
I would be seriously questioning the strata manager’s competence here. They seem to have no idea what they’re doing. If they are part of a larger company, ask for a new agent. If they are a small, one-person operation, invite them to tender their resignation or face a complaint to Fair Trading.
I have a feeling the next thing you will hear is that they have to send out three warnings first. That’s nonsense, of course, but it’s the standard excuse for agents who are too timid to take decisive action.
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.
So, if the SM refuses to act, can the SC Secretary issue the NTC without holding a meeting?
If the Strata Committee and/or strata manager have delegated powers from the owners corporation then either can issue Notices To Comply. The SM can do so off their own bat, the strata secretary can do so if their has been a committee meeting approving the issuance of the NTC.
Delegated powers are pretty standard and are generally agreed at every AGM without discussion or dispute. I would be very surprised if your scheme doesn’t have them.
However, if that’s the case, hold a general meeting now, delegate the powers and issue the NTC at the same time. It really bothers me that your strata manager isn’t either following instructions or giving you this advice. What are you paying them for?
In the absence of an NTC option, you can seek mediation with the renovator with a view to getting a stop-work order at NCAT.
If you don’t do anything the renovator will pop up in acouple of years expecting you to fix common property, saying your committee knew the renovations were going ahead but did nothing to stop them.
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.
Since the legislation requires that the NTC contains the details of the by-law allegedly being breached then it makes sense that there should be an NTC for each breach. There’s nothing to stop the SM sending out all four at the same time, however. I don’t think there would be any cumulative effect at this stage – each case would be considered on its merits.
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.
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