This question came in from a NSW Lot Owner asking about a notice to comply letter. Leanne Habib, Premium Strata provides the following response.
Question: Can one member of Body Corporate Committee send their own breach of bylaw letter to an owner without contacting other members of the Body Corporate to discuss?
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What is the process and procedures for the Body Corporate Committee when contacting an owner regarding a breach of the bylaws? Can one member of Body Corporate Committee send their own letter to a lot owner without contacting other members of the Body Corporate to discuss?
Answer: One member of the Strata Committee has no power to unilaterally issue a notice to comply.
One member of the Strata Committee has no power to permit him/her to unilaterally issue such a letter. In the context above, only the Strata Committee by a duly convened meeting / paper resolution could resolve to issue same.
If you are inquiring about issuance of a “Notice to Comply” with a by-law, the procedure is clearly set out in Section 146 of the Strata Schemes Management Act, 2015 (NSW) – note subsection (3) which prohibits the issuance of a notice to comply in the absence of an Owners Corporation / Strata Committee resolution.
146 Notice by owners corporation to owner or occupier
Notice to Comply
(1) An owners corporation for a strata scheme may give a notice, in a form approved by the Secretary, to the owner or occupier of a lot in the scheme requiring the owner or occupier to comply with a specified by-law if the owners corporation is satisfied that the owner or occupier has contravened that by-law.
(2) The notice must contain a copy of the specified by-law.
(3) A notice must not be given unless a resolution approving the issue of the notice, or the issue of notices for the type of contravention concerned, has first been passed by the owners corporation at a general meeting or by the strata committee of the owners corporation.
(4) Subsection (3) does not apply to the giving of a notice by a strata managing agent if that function has been delegated to the strata managing agent in accordance with this Act.
Although, if you have a strata managing agent with delegated authority to issue a notice to comply, then your strata managing agent can issue the Notice without any resolution of the strata committee (or Owners Corporation) – see subsection (4) above.
This post appears in Strata News #140.
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.