Discrimination in application of By Laws

In short the answer is yes, the by-laws should be enforced evenly. The examples you cite though include a wide variety of issues and I would assume different levels of severity so it’s hard to say what issues may be more important than others to the committee.

Also, can you be sure that the other 7 residents have not received breach letters as well?

Just to make sure everything is as it should be, did the Notice to Comply (NTC) come on THIS FORM. If not, it is meaningless.  Also, did it come from the secretary of the EC, in which case there should have been an EC meeting that discussed the breach and minuted the result.  Again, no meeting or minute, no problem.

If you feel you are being discriminated against, you could take a counter–claim against the Owners Corporation at Fair Trading in which you ask the Owners Corp to grant permission restrospectively or issue NTCs  to all owners for their shelves, pictures and mirrors.

You will be able to present this argument at a mediation where, at least, you will be able to get to the bottom of why this is happening.  Use THIS FORM to apply.

The application will cost you $78 (unless you are over 60 or a pensioner, in which case it’s $10).

Or you could let them take you to the CTTT to have a penalty applied – this costs you nothing except your time.  The CTTT will bounce the NTC if all the paperwork isn’t correct, could impose a minimal fine, if any, and may in fact decide the NTC is discriminatory and reject it on those grounds.

But let’s assume there was an EC meeting and a decision to issue the NTC, or your strata manager was using delegated powers.

In that situation I would write them a note telling them that you believe the notice is discriminatory and why and that you are happy for them to take the matter to the CTTT where an independent arbiter can decide on a penalty, if any. 

By the way, I’m not advocating free-range nailing and drilling of common property walls but once it has been done, and disaster hasn’t befallen the building, I would wonder why anyone would care.

If this is becoming a problem throughout the scheme, what your building needs is a sensible by-law that allows people to do that kind of work but bear the full consequences if they don’t use a licensed builder, or do it badly and common property or other owners’ personal property is damaged.  

Persecuting individuals is not the best way to look after common property.

@mac said:
I have spoken to the Strata Manager who advises this is a notice of a breach of by law and a request to comply.  If I don’t comply the SM will refer it to the EC for them to request a formal NTC.  Then your process can  kick in.

Mac

I would say, as nicely as possible “bring it on”.

At the EC meeting, you can ask to speak and then ask why you have been singled out, what the problem is and if there isn’t a better way of dealing with these issues.

If they refuse to let you speak or refuse to answer your question, this is further evidence that they are not really interested in running the building properly and instead just want to order people around.

In fact, I would be very surprised if this wasn’t one owner flexing their strata muscles via the by-laws.  The EC has no compulsion to enforce the by-laws if they don’t think that is necessary (although individual owners can take action if they feel they should).

So ask for your moment in the spotlight and make it clear that you are happy to comply with reasonable requests that are universally applied. There is an old saying that bad laws are worse than no laws and it could be that your by-laws fall precisely into that category.

@JimmyT said:

At the EC meeting, you can ask to speak and then ask why you have been singled out, what the problem is and if there isn’t a better way of dealing with these issues.

If they refuse to let you speak or refuse to answer your question, this is further evidence that they are not really interested in running the building properly and instead just want to order people around.

JimmyT, while I agree with your advice, how would Mac prove he had attended the ECM, regardless of whether he had been allowed to address the high & mighty? 

Would he be permitted? If not, even if he takes them, he wouldn’t be able to show them to anyone legally, which means no evidence.

JimmyT, I don’t watch “The Good Wife” for starters (I find Foyle much prettier). As for the selfies, my understanding is that the ECs don’t have to admit non-committee members & can stop the meeting until the offending party departs. What can he prove without a sound recording he can share?  I don’t mean to take this to the nth degree, but malice of the strata Hitlers seem to know no bounds, judging by what I have read in this forum & elsewhere.

Just jumping in on a couple of the more recent issues:

daphne said:  my understanding is that the ECs don’t have to admit non-committee members & can stop the meeting until the offending party departs.

Incorrect – any Owner can attend an E/C Meeting, but cannot actively participate without the consent of the Chair.

and: how would Mac prove he had attended the ECM..?

justsaying (just) said: I did speak at the ECM and raised all the issues…. Blank looks in return! 

Apart from providing an Agenda to each Owner and/or placing it on the Notice Board 72 hours in advance, the Secretary is required within 7 days to prepare and distribute the Meeting Minutes in the same way, including the details of all attendees (not just participants).

So rather than worrying about the legalities or otherwise of photographing and/or taping E/C Meeting proceedings, daphne and “just” should either attend and themselves take contemporaneous notes which can be relied upon in legal proceedings, or better still submit a Motion for the Agenda for the next E/C or General Meeting pointing out the requirements of the NSW Strata Schemes Management Act (1996) for holding and reporting on the former, and requiring those to be followed.