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Hi Jimmy and strata gurus
We have decided to pursue for a penalty to be imposed on the tenant as our first and immediate action. However, we do have a couple of questions.
We undestand from reading the SSMA Act that the pursuit of a penalty comes under section 203 of the act, which reads
Civil penalties for contravention of notice of owners corporation
(1) The Tribunal may, on application by an owners corporation, by order require a person to pay a pecuniary penalty of an amount of up to 5 penalty units if the Tribunal is satisfied that:
(a) the owners corporation served a notice under section 45 on the person requiring the person to comply with a particular by-law, and
(b) the person has since contravened the by-law.
(2) An application for an order under this section must be made by the owners corporation within 12 months after the notice under section 45 was served.
The notice to comply was issued early December 2013, which was followed up by two further warning letters dated late December 2013 and late January. Are we correct in assuming that we just need to prove that the tenant continued making noise after the notice of comply was issued ?
Also as we are going away in 3 weeks, we think it may be better to submit our application after we come back. This way, we can supply any information should it required by the adjuncator. We also dont want them to vandalise our place while we are away. However, all our supporting letters or witness statements are dated early January. Will they still have relevance if we submit our application in say mid-May.
Many thanks,