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Topic
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Our Strata Committee is allowing SC members and owners to break our bylaws. The Strata Manager claims they can do nothing about this as they take their instructions from the SC.
Is this actually the case or do SMs have a responsibility to act with due diligence?
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Replies
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This is one of the ongoing debates on this forum – do strata committees and strata managers with delegated powers have a responsibility to enforce their blocks’ by-laws.
My view is that they do but it’s not presumptive – they won’t get into trouble for not doing it.
However, owners can take the committee to NCAT on a Section 232 complaint for failure to fulfil their responsibilities, and that can lead to Tribunal Orders – and they will get into trouble for ignoring them
Or you personally can just take a complaint against your neighbours about the specific by-law breaches to Fair Trading for mediation, and then to NCAT for orders.
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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