- This topic has 12 replies, 7 voices, and was last updated 13 years, 5 months ago by .
-
Topic
-
Jimmy – I just had to be the first to comment on your Editorial about the various processes to handle disputes via the CTTT – it’s absolutely brilliant; congratulations!!
As Secretary of a Plan with >80% rental units, I just wish that an Owners Corporation (O/C) was one of the “persons” who could initiate actions against tenants under the Tenancy Division of the CTTT, where the consequences are more likely to get the attention of tenants who breach By-Laws and thereby the conditions of their Tenancy Agreement (Lease).
Well done, and thanks!!
-
Replies
-
Yes it’s a very good look at the situation, as Whale says. Unfortunately the bottom line is (don’t you hate it when someone says the bottom line is) that when someone does something wrong in a strata community it takes way too long and is a much too cumbersome process to get things put right. It ain’t gonna be changing anytime soon and nor is human nature. What do we do!?
Sound like a fantastic article Jimmy, well written as usual, even poetic(?)…..
To assist my Ludditic tendencies, where do I find it???
@Paul2000 said:
Sound like a fantastic article Jimmy, well written as usual, even poetic(?)…..To assist my Ludditic tendencies, where do I find it???
Some say poetic, some say pathetic … It’s on the Home page of the website HERE.
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.
I omitted “instructive”….thanks.
Hi Jimmy
Thanks for the feedback on the Fair Trading and CTTT websites. We will check and revise them.
regards, Rhys (for Fair Trading)
I have just been informed that I have misled all my loyal readers about the Notice To Comply process. In fact, not only do you not need to go to mediation, you don’t need to go to the “paper” adjudication. So the process is:
- Resident breaches by-law
- EC meets or strata manager decides to issue Noticie To Comply
- Resident continues breaching by-law
- EC or Strata Manager apply for the imposition of a fine
- Application is heard at a Tribunal.
So why is this process – which is even simpler than I thought – falling out of favour with strata managers? Read what Whale said happened when tenants in his scheme said they hadn’t seen the by-laws.
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.
Actually, that’s what the diagram on p34 of Strata Living says.
Why is it falling out of favour?
Because whenever the CTTT boss appears on TV, she implies (or actually says) you have to go through mediation first.
That’s also what you’re told if you ring CTTT for advice.
So, the answer to your question is … misdirection from the CTTT.
So you go to mediation even for a breach of By-Laws.
It goes something like this.
Complainant: I want the offender to obey the By-Laws all the time.
Respondent: I don’t ever want to obey the By-Laws.
Mediator: I think we’ve reached a compromise. You only have to obey the By-Laws half the time.
Gavel: Bang!
@Kangaroo said:
Actually, that’s what the diagram on p34 of Strata Living says.Why is it falling out of favour?
The reason that diagram is falling out of favour is also because it doesn’t tell you that to get from simple step 1 to simple step 2 there are special forms to be filled in, protocols to be observed and paperwork to provide. Anyone who rocks up to the CTTT with a Notice To Comply in one hand and the Fair Trading flow chart in the other, won’t get past the metal detectors.
Very funny post, by the way!
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.
Having explained the differences between the Notice To Comply versus the CTTT order, I thought it was incumbent on me to offer a simple step-by-step guide to each of them with links to the relevant forms and factsheets.
Hope this helps – and please let me know if anything in it appears to be wrong or there are broken links. This will ultimately have its own page but for now it’s on the front of the website HERE.
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.
Whichever way one goes, I suspect it is a long and draining process, speaking as a new comer to strata conflict issues. Am I right? Should you maybe elaborate on the ’emotional cost’ of undertaking on of these courses of action, please?
WINGATTACK said:
Whichever way one goes, I suspect it is a long and draining process, speaking as a new comer to strata conflict issues. Am I right? Should you maybe elaborate on the ‘emotional cost’ of undertaking on of these courses of action, please?
A Notice to Comply is quicker and easier (and I suspect, in the majority of cases, never even gets to the stage of a fine being imposed).
A CTTT order is going to take 8-12 weeks but may be the only option if, for instance, the miscreant is breaching the terms of the strata Act rather than merely a by-law.
And you’re right, there usually is an emotional cost, especially if your are on your own on one side of the dispute, but it’s impossible to quantify because some people would be shattered by the process of being taken to the CTTT while others might enjoy the fight.
So what it comes down to is how important it is for you to win the battle. If there’s a lot of money at stake – such as in the value of your home – then you might not have any choice put to pursue the issue. If it’s a matter of principle, then you have to ask yourself why you would even bother.
I hope that in laying out the process, and providing the readers with a sense of what’s involved, they can make their own judgement about the emotional cost. You’re right in that it should be considered but it’s not something anyone can easily predict.
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.