Our committee has sent contravention notices to an owner while other residents who are performing the same or other breaches of the bylaws are not dealt with. The committee does not seem to be acting reasonably. How do we deal with a situation like this?
I would suggest sending a BCCM Form 1 to the committee.
A committee has an obligation to act reasonably and to enforce by-laws. It would be hard to justify selectively enforcing a by-law against some owners and not others.
I would suggest sending a BCCM Form 1 to the committee. This then gives a timeframe for the committee to take enforcement action. If enforcement action does not take place, you can then take enforcement action directly.
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Todd is an experienced property lawyer who heads up Mahoneys body corporate team.
Todd specialises in body corporate law and predominantly acts for bodies corporate, body corporate managers and lot owners on all matters affecting bodies corporate.
Todd is an active member of the Strata Community Association (Qld). In 2019 he was appointed to the Strata Community Association (Qld) legislation committee and assists in making submissions on behalf of the Strata Community Association (Qld) on issues such as legislative reform in body corporate law.
As Todd is also a body corporate committee member, he understands the day to day requirements of administering a body corporate.
Todd has a focus on achieving practical and commercial results for his clients and understands the market in which bodies corporate operate within.
Todd also provides body corporate managers, and other industry stakeholders, with presentations and training on matters affecting the body corporate industry.
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