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Their are a few thing I would like clarified.
1) I understand about issuing a NOC, but what happens if the offender ignores it. Can you then go straight to CTTT and get them to issue a fine (max $550), or do you then have to go through conciliation and adjudication.
2) If you take the conciliation and adjudication route and the decision is in your favor but offender ignores the ruling, do you go back to the adjudicator and ask them to issue a fine or is their some other procedure.
3) I searched the Strata Schemes Management Act 1996 No 138 and can find no reference to Notice to Comply, so where does the Strata get the authority to issue a Notice to Comply.
Thanks in advance.
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I’m actually in the middle of writing an editorial on this very issue so bear with me. But to answer 1, no you don’t need to go to mediation to pursue a Notice To Comply.
2. There is no conciliation or mediation with an NTC – the Notice is issued, If it’s ignored you apply directly for the imposition of a penalty.There is remarkably little about Notices To comply in CTTT literature but if you download THIS pdf and scroll down to section 203 you will notice that mediation is not a prerequisite. You can find out a little more about NTCs on the fair Trading website HERE.
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@kiwipaul said:
3) I searched the Strata Schemes Management Act 1996 No 138 and can find no reference to Notice to Comply, so where does the Strata get the authority to issue a Notice to Comply.
This is what it says in the Act – the ‘notice’ referred to is a Notice To Comply
45 How can an owners corporation enforce the by-laws?
(1) An owners corporation may serve a notice
, in a form approved by the Director-General, on the owner or occupier of a lot requiring the owner or occupier to comply with a specified by-law if the owners corporation is satisfied that the owner or occupier has contravened that by-law.(2) A
notice cannot be issued under this section unless a resolution approving the issue of the notice, or the issue of notices for the type of contravention concerned, has first been passed by the owners corporation or the executive committee of the owners corporation.(3) Subsection (2) does not apply to the issue of a
notice under this section by a strata managing agent if that function has been delegated to the strata managing agent in accordance with this Act.Note. The Tribunal may impose a pecuniary penalty on a person for failing to comply with a
notice under this section (see section 203).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.