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The NSW strata scheme that I chair has had issues with one utility lot owner regarding a storage shed built on his lot that absorbed about 10m2 of common property under a previous EC quite some time ago.
The area which he absorbed provides entrance to a mechanical ventilation area which we are required to refurbish through a local council fire order. As there is no written by-law granting exclusive use to the lot owner, we started negotiating with him to remove the storage shed in December 2013, with mediation and arbitration taking place over 2014. The Arbitrator decided to rule in our favour, and issued a Notice of Order instructing him to immediately remove the storage unit, which he did not.
He took a motion for an exclusive use by-law (with a small cash compensation) to the AGM in March this year, which was defeated, but the OC elected that a second fire engineer review the area to see if there was some way around the fire orders requirements. We undertook the second fire engineer to report, as well as got the council guy back to take a look but the ventilation system is still required.
The EC wrote to the lot owner requesting the sheds removal in 14 days. After receiving various threats about breaches of WHS and other compliance issues we put in a notice to NCAT to issue a Penalty Orders.
With the hearing date approaching in about 2 weeks, are there any tips that people have for taking a penalty orders case through NCAT? What was there experience like? Most of the information I’ve found relates to presenting a case, not an application for penalty orders over a contravention of a Notice of Order.