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[Sage-grouse]

What are the chances at NCAT over lights in common areas which are intrusive in your property and causes a disruption to your sleep plus general nuisance. Has anyone ever experienced something similar?

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[Sage-grouse]

Awsome response. Thanks Jimmy-T and StuMcl.

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[tina]

Surely the Owners Corp can make this problem go away by adjusting the light!

Sage-grouse wrote:

Just for clarity: if OC is represented by strata manager and I lose, the strata still need cost orders to bill me?

Read your strata management contract.  Strata managers can add extra charges to their contract.  e.g. a $5 fee for overdue levy payment.  My (former) strata manager charged $440 for appearing at NCAT for half a day.

Otherwise, the document linked in Jimmy’s post makes it clear that only NCAT determines who pays for costs.  You have to put that request in your application.

This is also true for  a breach of by-law:   the owners corporation may NOT order the owner to pay a fine.  The order is made by NCAT.

 

 

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[Sage-grouse]

Thanks @Tina. I assume that charge from your former strata was distributed to all owners. Not only to you.

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[tina]

@Sage-grouse.  Correct.  When our (past) strata manager appeared at NCAT, it was on behalf of the owners corporation.  The owners corporation was charged.  Not a person.

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[Jimmy-T]

Sage-grouse wrote:

Just for clarity: if OP is represented by strata manager and I lose, the strata still need cost orders to bill me?

Correct.  The strata committee does not have the power to bill you invidually for something that is, to all intents and purposes, a collective decision.

 

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[Sage-grouse]

Update: OP turned up with a lawyer during the directions hearing. I objected on the basis of factual nature of the case and added complexities plus costs because of the legal representation. The senior member coincided with my reasoning and asked if the matter can be settled today. I was not prepared for this but gave verbal evidence (had substantiative evidence to back my claim as well) but was not hoping I would be asked to represent in directions hearing. I was very reasonable in my demands.  Respondents had no leg to stand on and could only come up with safety and security issues. I wanted to respond to this but the member threw this claim out the window and said plaintiff is asking for reasonable able adjustments not removal. Got the orders in my favour.

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[Jimmy-T]

Congrats! Now just make sure that the Owners Corp raises a special levy that you don’t have to pay to cover the costs of their legal rep etc, as per section 90 of the Act.

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[tina]

Congratulations @Sage-grouse.  Thanks for letting us know the outcome.  I did not know that a matter should be settled in a directions hearing.  Saves time and money.  I would love to know the cost of that lawyer.

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