Strata committee majority when votes are equal

billy wrote:

With no majority instruction SM is unable to act. Is this correct?

Thje strata manager is empowered to act independently in the absence of a clear instruction from the committee.  If a breach has occurred and the committee is deadlocked (and there is no instruction to do nothing) the strata manager can and probably should initiate notice to comply proceedings themselves.

Remember, a Notice To Comply is a warning, not a fine.

In that case, take the breach notice to Fair Trading then NCAT yourself.  And at your next AGM propose a motion that in the event of any future deadlock, the strata manager is empowered to act in the best interest of the block.  I’m surprised the strata manager doesn’t have these delegated powers (under section 146 (4), below) as they are fairly standard

But maybe you could just ask the person who is sitting on the fence to approve the Notice To Comply- which is, after all, just a warning – and save everyone including themselves a lot of hassle and possibly even money.

146 Notice by owners corporation to owner or occupier
(1) An owners corporation for a strata scheme may give a notice, in a form approved by
the Secretary, to the owner or occupier of a lot in the scheme requiring the owner or
occupier to comply with a specified by-law if the owners corporation is satisfied that
the owner or occupier has contravened that by-law.
(2) The notice must contain a copy of the specified by-law.
(3) A notice must not be given unless a resolution approving the issue of the notice, or
the issue of notices for the type of contravention concerned, has first been passed by
the owners corporation at a general meeting or by the strata committee of the owners
corporation.
(4) Subsection (3) does not apply to the giving of a notice by a strata managing agent if
that function has been delegated to the strata managing agent in accordance with this
Act