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Topic
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It appears that without any hint of procedural fairness I have been issued with a breach (noise) – and given I have not been home for the better part of two weeks I am not sure how this was even possible…
whilst it may be a little silly what options do you have to get breach rescrinded and an apology issued?
[Further enquiries reveal that this was in NSW and it wasn’t a Notice To Comply -JT]
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Replies
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You have many options:
You could ignore it, as it has no legal standing (it would have to be an official Notice To Comply to have any consequence).
You could write to the person who sent it to you, asking why you’ve been sent it, and why it wasn’t a Notice To Comply.
You could write a letter of complaint to your strata committee, asking for a correction and an apology.
It all depends how much ordure you want to stir.
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I think the writer has been issued with a breach notice.
The breach notice must include dates and times of the offence.
If you can prove you were not there when the offence occurred, ignore the notice (till the OC takes you to the tribunal for a follow up offence and you prove the notice was issued incorrectly) or go to the committee/ strata manager and prove that you weren’t there when the offence occurred and ask them to rescind the notice.
Kaindub said:
I think the writer has been issued with a breach notice. The breach notice must include dates and times of the offence.
A breach notice has no legal standing in NSW so I can’t how its contents can be prescribed. A Notice To Comply must contain dates and times, as well as details of the by-law allegedly breached. But that’s not what he got, so he could feel free to ignore it if he so desired, or tell them to stick it, if he preferred.
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