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I’m new to the forum. I have a question.
When a strata manager is delegated to issue a breach notice and the breach is not disputed, does the strata manager have an obligation to issue the breach notice?
Our strata manager has authority to issue breach notices. If there is an undisputed breach of bylaw and the strata manage is informed, is she obliged to issue the notice or can she just refuse to act.
The current owners have planted a double line of screening plants without approval to partition common property for their own use. [This] is a serious breach of bylaws, where common property has been appropriated, approx 15 – 20 sqm, astro turf has been laid on it and a hedge installed to isolate the area.
The strata manager is a friend and advocate for the owners and has threatened that if she issues breach notices for this unit, she will breach everybody in the complex.
It’s a dreadful situation. What complicates the matter is the lot just went up for sale and these breaches are not addressed and may be inherited by the new owners.
Given the plants were put there without approval can they just be removed, or by a vote by the committee to remove or by a general meeting ? The problem with the committee is that the owners who put the plants in have control of the committee.
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