Can the committee decide not to enforce a by-law? If this is the decision, are they required to have minutes of a meeting about that decision?
As an owner in the body corporate, I have provided a form 1 to the committee because there is a by-law breach. A rubbish bin is stored on common property.
It is a clear breach of the by-law, but the committee has advised they will not enforce it.
I have asked for meeting minutes to see the votes but have been told there was no meeting.
Can the committee decide not to enforce a by-law? If this is the decision, are they required to have minutes of a meeting about that decision?
The body corporate can decide not to enforce a by-law, even if you believe there is a ‘clear’ contravention.
Yes, the body corporate can decide not to enforce a by-law, even if you believe there is a ‘clear’ contravention. The body corporate may not, for example, think there is sufficient evidence to support your allegation (remembering it is an allegation only at this stage).
When the body corporate makes this – or indeed, any – decision, yes, there should be a record of it. Committees can make decisions by a vote outside committee (for example, a decision made by an exchange of emails), and in that case, the decision should be ratified at the next committee meeting. Either way, there should be a record of the decision.
You can enforce the alleged by-law contravention yourself if you so choose. For more information about that process, take a look at this excellent flowchart from the Commissioner’s Office.
This is general information only and not legal advice.
Log in to your existing Lookupstrata Account to download the printable file.
Chris is a strata unicorn: he is not a strata lawyer, manager or caretaker. He was Queensland’s Commissioner for Body Corporate and Community Management for over 5 years. That is the only role of its type in the world. Chris is also an owner in one strata scheme, and a tenant in another.
As Director of Strata Solve, Chris focuses on communications and strategic advice, rather than legal action, to solving strata problems. Strata Solve works with owners, committees, strata managers and caretakers to tailor practical solutions to stressful strata situations. Chris holds an Honours degree in Communications and is a nationally accredited mediator.
Chris is a regular contributor to LookUpStrata.
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