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We have an EC member who likes to unilaterally fire off missives to unit holders or tenants advising them of bylaw breaches. The person rarely consults the rest of the EC. The latest one has been to advise a resident not to leave the rear gate from the unit’s courtyard open. The gateway is onto common property. What bylaw might this breach and what is a reasonable time to leave a gate open?
Does leaving a gate open detract from the appearance of the property?
What do you do to curb an EC member who behaves as if the strata is their own personal fiefdom?
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The rest of the EC chastises the one who is overstepping the mark. Or, if enough are fed up, make a point of voting against that person at the next AGM.
Homegirls – firstly, in NSW all residents (i.e. owners and tenants) are required to comply with the Plan’s By-Laws, and in order for those to be legally enforceable in general terms they need to be either the “Model By-Laws” provided in the Strata Schemes Management Act for Plan’s registered after 1996, or in the Regulation for Plan’s registered after 2010, or to have been properly adopted at a General Meeting of the Owners Corporation from either of the above Schedules, or as “Special By-Laws” specifically for the Plan and be Registered on its Strata Title.
Obviously, there is no relevant provisions in the “Model By-Laws” about leaving gates open or otherwise, but I suspect from your post that something’s been mentioned about an open gate detracting from the appearance of the building; right?
There are Model By-Laws that relate “the appearance of the lot” but they’re not applicable to the circumstance that you describe, but even if they were, there’s a specific Form that the Executive Committee needs to provide residents with after it has met to consider whether or not a breach of a By-Law has occurred.
What to do?
Well… you could take Peter’s advice (post #2), or just ignore the missives which after all have no standing unless they’ve been decided upon by the Executive Committee as a whole and have been issued in the form required (as a Notice-to-Comply with a relevant By-Law), or maybe in this instance just close the gate.
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