Living in a strata scheme can create several opportunities for conflicts to arise. This is because of the close proximity of each owner in the scheme to the other owners. This article discusses some of the things that you should keep in mind if you have been asked to write a notice to comply with a by-law for one of the owners in the strata community.
By-Laws Referred To
It is advisable that the notice that you draft refers to only one by-law that a community member has violated. This reference to one by-law is necessary because you may need to impose a penalty on that owner who continues to violate the by-laws even after he or she was served with the notice asking that person to comply. It can become difficult to impose a penalty in case the notice served referred to several by-laws being violated. The difficulty may stem from the owner complying with one or more of the by-laws that were referred to in the notice. You can write several notices in case that person is in breach of several by-laws. It will then be easier to take further action in case one of the notices isn't complied with.
Authorisation of the Notice
It is also important to have the minutes of the meeting that was held prior to issuing the notice. Those minutes help to prove that the other members of the owners' corporation delegated you to write that notice. Such authorisation can eliminate any potential accusations that the notice was written by an overzealous member of the owners' corporation without the consent of the other members.
Information on the Service Method
Each jurisdiction has regulations governing how documents, such as the notice that you have been tasked to write, can be served to the recipients. For instance, the regulations may give you the option of mailing the notice to the registered postal address of the recipient. You may be expected to keep an affidavit on file detailing how you served the notice. Any deviation from the set standard of service may affect the enforceability of the notice that you have written.
Always consult strata legislation experts for advice in case you are not sure about what step you should take when a dispute arises in the strata community or its management corporation. Those experts will guide you so that your actions comply with all the applicable laws in your area.Share