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.

What Happens If a Committee Member Is Unfinancial When Elected?

By admin,

Two of the three executive committee members re-election in 2020 had a Sundry Debt to the Body Corporate, making them unfinancial at the time of the AGM.

As their election should have been made invalid, what effect, if any, does this have on any motion votings during the year that they as treasurer and secretary participated in?

Can a Letting Agent Business Owner Be on a Body Corporate Committee?

By admin,

We have an owner in our 120 lot strata community who owns 12 lots in the resort. They let these lots out through their own company, plus an additional 4 or 5 lots that are owned by others. Neither the Body Corporate nor the Caretaker have approved this business. This owner has now put themselves forward for a Committee position. I thought the BCCM Act did not allow this. Can you please clarify?