Bylaw breach by Chairperson/Outlaw | By-laws and outlaws | Flat Chat Forum: Your Questions Answered




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Bylaw breach by Chairperson/Outlaw
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Frida Kay
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16/03/2018 - 1:36 am
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The Chairperson continues self serving breach of the By-law of Exclusive Use. 

After complaint to Council about the Compliance of an electric awning installed by the Chairperson with assumed permission from other owners. Council deemed the awning is unauthorised development that required a DA & issued the Chairperson a warning & no penalty. 

The Chairperson resigned. I requested the new EC (block of 4  poorly self managed) a notice to comply to the breach of special By-Law 5: Exclusive Use and enforce the awning be lowered below 3meters as stipulated in the By-Law.

The awning is mounted well above 3 meters above the granite base, above my floor line, enveloping & above a gas pipe that enters my apartment. I have just refitted the skirting boards that came away from the wall and repaired fine cracks in the wall interior to this awning at my expense. 

The EC states Council approved the awning & at the previous OC/EC meeting the awning is accepted by other owners as is. 

This is not the only breach the former Chairperson has committed and gotten away with self serving actions. 

I seem to be the Outlaw asking for compliance to Strata rules & By-Laws and  it always is 3 against 1 in this building. 

Any suggestions as to a course of action to have other owners comply to Strata rules? 

Much appreciate feedback. 

Frida

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JimmyT
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19/03/2018 - 9:43 pm
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Apply for mediation at Fair Trading with a view to seeking orders at NCAT under Section 232, requiring the Owners Corporation to fulfil its duties under the Act.

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