Noise By-Law Breach Based on Hearsay: What Are Your Options?

By admin,

I have been served with a Notice to comply with a Noise bylaw.

The strata committee has issue a notice for breach of the noise by-law based on hearsay of a neighbour about noise disturbance. We feel we have been unfairly treated as they have not provided us with an opportunity to respond.

The notice has been issued via electronic instruction to the strata manager without passing a resolution in a meeting or 'in writing' meeting. Is this the correct procedure?

Should I call for a meeting to resolve the matter or is there a better option?

Do Committee Members in Breach Have the Right to Vote?

By admin,

We have two visitor parking spots in a block of eight. Two different members of the owner's committee park their car in these spaces on a permanent basis even though they have their own garage.

Other resident's visitors and tradesmen have to park on the street because of this. There is nothing in the by-laws approving their parking.

Do their votes count on issues as owner committee members when we vote because realistically, they are disobeying the committee's visitors car park ruling?

Storing Items on Common Property: What Can Strata Do?

By admin,

A lot owner in our building stores personal items on the landing outside their unit. The items include a large box, a mat and multiple pairs of shoes.

I have advised strata about this on multiple occasions. I recently requested a breach notice be issued to the owner for breaching the common property by-law.

The Strata manager does not have the owner's contact details and is unwilling to send a letter unless all Committee members approve. There are only 2 Committee members, myself and an owner who is a friend of the owner who is breaching strata laws. What can I do?

Can a Strata Committee Re-Issue Breach Notices Without Proof?

By admin,

Our strata committee is sending second breach notices for multiple offences without evidence of non-compliance.

Chair says we would know if owners are complying as the owner would advise the Strata Manager. But why would the owner communicate with us at all when they are in dispute?

Complaints for by-law breaches are anonymous but it is the Chair who is submitting the complaints, at least, in some instances. The committee agrees to the escalation in breaches on the word of the Chair. The Chair says that it is not the job of the committee to site proof of compliance.

Can Strata Force an Owner to Maintain Their Garden?

By admin,

I live in a self-managed strata complex of 6 townhouses. We are all owner-occupied. We generally all get along well except one of our owners does not maintain their front garden or backyard. Even though it is own private property and not common property, it is overgrown and the neighbours are complaining. The owner has been asked to maintain the yard many times, but they never do.

Can strata force an owner to maintain their private lot? If yes, what is the best way to approach the situation?

Are Strata Committee Codes of Conduct Enforceable?

By admin,

Our strata committee has adopted a "code of conduct" and seeks to issue breach notices if residents break the code. Some rules seem unreasonable, referring to whether owners can communicate with other owners, talk to contractors, email committee members, etc. As the strata act is silent on a code of conduct and the chair makes up this one, is this legal? It seems to be nothing more than to enhance the committee's control.

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