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I know the SSMA provides for a $550 fine for failure to comply with a Notice but can an OC adopt a by law that lists fines, penalties or service charges for various behaviours (eg failing to carry dog on common property)? Are such fines or charges enforceable and through what procedure?
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You can’t impose fines except through NCAT. Some buildings impose “service charges” but they would have to be enshrined in the by-laws and have very clear indications of what the ‘service charge’ was for.
For example, you might get away with a by-law that says any alleged infringement that is later found to have been a breach of the by-law will attract a service charge of $XX for the cost of investigating and pursuing the resident through NCAT.
I stress the word “might” because the kind of antisocial resident who ignores by-laws is also the same breed that will challenge you every step of the way, just to get you to leave them alone in the future.
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