- This topic has 4 replies, 3 voices, and was last updated 8 years ago by .
-
Topic
-
It used to be some time back that NCAT could impose fines and the money went to the government coffers.
A couple of years back there was talk of the money from fines going into the strata schemes accounts which would be fair because it would help cover the cost of the enforcement action.
I cant seem to find any information about how things ended up with respect to that. Googling even showed that there was a problem that NCAT couldn’t even impose fines at all any more.
So can anyone please update me on the current status in that regard?
-
Replies
-
The problem with the non-imposition of fines was a glitch in the wording of the law which meant that while NCAT could impose fines for breaches of by-laws, they couldn’t do so for the failure to pay the fines, or for failure to obey NCAT orders (if I recall correctly). That meant all miscreants had to do to avoid fines was to ignore them. Anyway, I think that has now been fixed.
As far as paying fines to the Owners Corp, I recall a section of the Act that established that principle but I’m damned if I can find it.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
It’s section 147 – 147(6) provides that the penalty is payable to the OC.
http://classic.austlii.edu.au/au/legis/nsw/consol_act/ssma2015242/s147.html
Thanks for that. I’ll store it away … until I forget it again.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.