Enforcing a new by-law

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Forums By-laws Enforcing a new by-law

Viewing 6 posts - 1 through 6 (of 6 total)
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  • #398098
    Harbard
    Member

    Hi Amanda,

    Our strata building recently had a new by-law finalized at a cost of a few thousand dollars. It’s a new “moving in/out” by-law that requires owners and tenants to pay a small bond (that is held for the period of moving) and notify strata and the committee about moving in or out in advance. The bond is to cover any damage that the building’s common area/s sustain (stairwell etc.). All owners, real estate managers and then tenants were notified of it by email. Since its introduction it has not been enforced, people have just ignored it.

    What can we do to make it be enforced? Our strata managers have not been supportive nor forthcoming on this matter.

    I look forward to your reply.

    Harbard

    #398160
    Keyblade Master
    Member

    Piggybacking of this topic, does enforcement start when agreed upon in a general meeting to make the by-law or when it’s registered?

    #398214
    Amanda Farmer
    Expert

    Hi Harbard,

    It’s hard to provide guidance without the terms of the by-law.

    What obligation (if any) does the by-law place on the landlord to provide notice of an incoming tenant? I am not sure if you are using or have checked out my template ‘move in/out’ by law free to members here. 

    My template requires either the Owner or Occupier to provide notice of a move in. If that does not happen, the by law has been breached and you should go through the usual enforcement procedures to send a message that this should not happen again (eg-  issue a letter, a notice to comply…whatever would be your usual process). You might say you don’t have a ‘usual process’ and therein lies the problem! Time to establish one.

    My template also makes provision to recover ‘Costs’ from owners. This may include your strata manager/BMs time dealing with the breach. That sends a strong message too.

    In my experience, once you start putting landlords on notice that you will enforce the by-law and they will be out of pocket (even if it’s just $100) behaviour starts to change.

    This webinar walks you through the by-law enforcement process, should your strata manager need some reminding…

     

    Amanda.

    #398217
    Amanda Farmer
    Expert

    Hi KM,

    A by-law has no force or effect until it’s registered, so you can’t start enforcing it at least until then. If it’s not registered within 6 months of the meeting at which it’s specially resolved, it expires and needs to be put to the meeting again.

    (NSW law)

    Amanda.

    #398342
    Harbard
    Member

    Thanks Amanda. From  memory I did use your template for this. So you reckon we should hit them up for costs, yes?

    Harbard

    #398734
    Amanda Farmer
    Expert

    Yes.

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