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The SSM Act in NSW allows owners corporations to make a by-law delegating certain decisions to be made by the strata committee. For example, minor renovation decisions. Does this also apply to decisions on whether to issue Notices to Comply for breaches of by-laws and breaches of the legislation by lot owners and tenants?
The specific problem one of my son’s strata scheme has is that some tenants continually park in front of other lots’ garages which means the persons legally entitled to use the garages cannot get their cars in or out, sometimes for several days in a row. They do not have a by-law allowing cars to be towed. Notes left on windscreens do not work.
It is quicker to convene a strata committee meeting than an EGM which is important when someone has been blocked from using their car in circumstances such as that mentioned above.
Are there any other functions or decisions that can be delegated to a strata committee? The owners corporation would like to list those delegations in the one by-law.
A tenant is sharing a unit with people whose names are not on the lease. We doubt that there is a sub-lease of any kind because the landlord denies knowing anything about additional tenants but we don’t know if he is being honest because he was accused previously of allowing over-crowding in his unit.
There is no parking spot allocated or even available to those additional tenants and they constantly park on common property and in front of garages as stated in Query 1 above.
3.1 Technically, additional tenants’ cars are trespassing aren’t they?
3 2 Are owners allowed to photograph the offending cars which show the registration plates as proof?
3.3 Are owners allowed to search who owns the offending cars? If not, who can? A solicitor?
3.4 Can a lot owner or the owners corporation sue those additional tenants in the local court for trespass because their cars are not supposed to enter the property at all?
Any advice would be valuable because the affected lot owners are at the end of their tether.
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