Does Section 112 of the Strata Titles Act 1985 impose a mandatory duty on a strata company to enforce scheme by-laws?
A strata company may decide not to breach.
Section 112 is as follows:
A strata company has the function of complying with the scheme by-laws and enforcing compliance with those by-laws by others to whom they apply
The important working is “has the function”, not “must” or similar.
A strata company may decide not to breach, i.e., the by-law is contentious or a one-off circumstance that could easily be prevented with a nicely worded email. In such instances, it is not uncommon for breaches of the by-laws to be investigated and an alternative solution considered before a breach is issued.
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Rick Blampey began his property management career in 2012 when he planted roots in Sydney and started his career in the strata management industry. During this time, Rick gained invaluable experience in both the property and strata sectors and obtained both a Class 1 Strata Management and Real Estate Licence.
After relocating to Perth in 2022, he took on the role of Head of Department with SVN Perth, bringing with him a decade of experience.
As a senior manager, he has displayed excellent abilities in client relations as well as close attention to details of financial and maintenance requirements of all the schemes he manages. Having managed some of the most unique and complex strata schemes, Rick uses his prior knowledge of the numerous Acts and Regulations and his passion to drive results.
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