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We live in a building where the committee 'neglect' to enforce by-laws, especially when their cronies or themselves are involved. A couple of recent examples: 1) a crony enclosed his balcony without council approval, even though obtaining council approval is a pre-condition under our by-laws. 2) the committee secretary clearly exceeded the terms of council approval when doing some construction work. In both cases no indemnity was provided to the owners corporation as required under our by-laws. The council has been informed, however takes it time.
The strata manager has failed to respond to complaints about these matters, only saying it is a matter for the committee, who do nothing.
So, is either the committee or strata manager responsible for enforcing by-laws? If neither, what's the point of the SSMA?
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Enforcement of the by-laws is optional in NSW. However, an owner or even a tenant can apply through Fair Trading for mediation or for the issue of a Notice To Comply (the instrument by which by-laws are enforced) against another owner. After that they can go to the CTTT for adjudication. A tenant can even apply to Fair Trading to force their landlord to make an application for a Notice To Comply.
ECs have to vote on the issuing of a Notice To Comply but if Strata Managers have the required powers delegated to them by the owners corporation, they can issue NTCs if they think there is a valid complaint.
By the way, a Notice To Comply is just what it says on the tin – it's a warning to stop doing what you're doing or face the consequences … which may be a fine at the CTTT if they don't comply.
In other words, it's an official warning. The EC or strata manager doesn't have to issue any prior warnings (although that is one way of letting people know there's a problem they might not be aware of.)
If you feel your EC is being run for the benefit of individuals on it, and to the detriment of everyone else, you can apply to have a statutory manager imposed who will take over the running of the building in place of the whole Owners Corporation.
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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