This article discusses owners’ options when committees act unreasonably through selective bylaw enforcement body corporate practices.
Question: 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?
Answer: 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.
This post appears in Strata News #582.
Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753

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