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  • #9060
    frustrated101
    Flatchatter

      There is an ongoing problem in the complex with one occupant continually breaching several bylaws.  The strata manager has taken a soft approach, which is reasonable in the first instance.  The occupant continues to breach the by laws and in fact escalates the breaches and breaches more bylaws, completely ignoring the Strata Manager’s telephone calls and letters.  They have been issued with the By Laws (twice) had several phone calls and two letters, and continue to breach.  The Strata Manager has been asked by the EC to issue a Notice to Comply but has not done so and continues to attempt enforcement by phone calls.

       

      A number of times, after receiving letters from the Strata Manager the occupant in question has confronted me in my unit, in an aggressive, intimidating manner.    I have now written to the occupants ordering them to not contact me in any way (written or verbal) or approach me or my unit at any time.  If they do so I will apply for a violence order.  I have written to the Strata Manager asking them to take action against the occupant over this but they have not, and have not replied to my email about this. Does the strata manager have a duty to take more effective action to enforce the bylaws – or to respond to my compaints about being harassed and intimidated whenever the ineffective enforcement action takes place?

       

      So how do we make the Strata Manager issue Notices to Comply?

      Frown

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    • #19635
      kiwipaul
      Flatchatter

        The SM works for the OC and if he refuses a valid request of the EC or OC he is in breach of his contract and so you are entitled to terminate his contract and pass the running of the Strata to a different SM.

         

        As to the NTC the EC can issue it (the secretary) once a motion to do so has been passed by the EC (this is a requirement before the SM can issue a NTC unless he has been previously authorized to do so buy a motion of the EC or OC).

        All the powers that a SM has is also available to the EC and OC if they wish to use it.

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