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Topic
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Our garage area is locked up and only the owners have access to it. We have there two visitor parking spaces, designated only for the visitors.
Also we have a by-law in place prohibiting the owners to park there.
Each owner has a separate garage for parking.
One of the owners is using his garage as a storage space and frequently is using the visitor parking space for his own vehicle.Despite several letters from the EC, turning his attention that his doing is in breach of the by-law, he is ignoring it.
2 years ago the managing agent wrote him also a letter, explaining the situation and stating, continues breach of the by-law may result in the matter being taken further including a fine of $550.00.
The owner stopped it for some time and is starting now again to use the visitor parking.
We have a new strata manager. The EC was asking him to issue Notice to Comply to the owner. The EC supplied pictures of the car being parked in the visitor parking bay, the date and times.
The response from our strata manager was that he can’t issue Notice to Comply, because the EC needs to supply a picture, showing the person entering or leaving the car. Apparently this is the law now.Kindly let me know, if what our strata manager is saying is right.
I think that the supplied photos of the parked car with the registered number should be enough to take further steps.
Kind regards
Alinka
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As long as you can prove the Owner owns/controls the subject car surely they are responsible.
I know of no law that would mandate what your new manager says. The manager works for the OC and while that includes giving you advice, in the absence of your manager quoting either a specific piece of legislation or a decided case I would just give your manager a direction that the Notice to Comply be issued.
@alinka said:
The response from our strata manager was that he can’t issue Notice to Comply, because the EC needs to supply a picture, showing the person entering or leaving the car. Apparently this is the law now.
Alinka
That is total rubbish. The SM works for the OC and so if the EC tells him to do something he has to do it (providing it’s legal). Ask him for where in the strata act this requirement is referenced. Think of the SM as a Strata Administrator who does the admin for the strata and any decisions he has to refer back to the EC or OC.
The Sec is perfectly able to issue a Notice to Comply (NTC) himself but he must first pass a motion authorizing the EC to issue a NTC against this person The SM can only issue a NTC if it has been authorized to do so via a general motion (or in it’s contract) in the past allowing the SM to issue them.
Also an NTC is only valid for 12 months from the date of issue.
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