5 steps to enforce strata rules
Residents’ enjoyment of strata living is important, but understanding rules enforcement is equally important, so that all parties affected, resident, owner, alleged offender, the committee and manager who are involved in the enforcement process could the find road to resolving the issues addressed when a strata resident complains and seeks for the strata to enforce the rules to achieve a solution for the strata resident.
Here are the 5 steps on how to enforce rules:
Complete and detail the evidence in the complaint form obtained from Consumer Affairs Victoria website and attach all evidences available to demonstrate the breach that continues to occur.
Submit your complaint with attached evidences to the strata manager or the committee (if you do not have a strata manager) and ask when you should anticipate their reply.
When you receive the strata’s reply, they will either say-
a. they will not do anything about your complaint and an explanation should be given on the strata’s decision; or
b. they will take further action in respect of your complaint (meaning they will enforce the rules).
If your strata will take further action, they will-
a. Issue a breach notice to the offender requiring that the offence is rectified within 28 days;
b. If the offence persists, issue a final breach notice to the offer requiring that the offence is rectified within 28 days;
c. If the offence persist, call a dispute resolution meeting.
When a dispute resolution meeting is held, all parties should listen to one another, so that commercial and practical solutions are also explored. The aim is to find a agreed solution that is reasonable for all parties with an aim to avoid litigation (if necessary).