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Topic
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While absent for the weekend, my son held a party in our unit. One of the guests was beyond stupid and did some damage to the common property.
My son has admitted responsibility and apologised – and is waiting for the damages bill – he will be paying.
The EC have notified me that, as it is my unit, I am responsible. I accept this and await the ramifications.
I am informed that I will be “served with a breach of by laws” notice.
Now, what does this actually mean?
It is our (mine or my son’s) first offence (if that makes any difference).
thanks
T
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Legally, there is no such thing as a “Breach of By-law” notice (at least not in NSW) although there may be an internal document that your Owners Corp uses as its own first warning to get your attention.
The one you have to take seriously is a Notice To Comply – this is issued by the Executive Committee or the strata manager and is what it says on the tin – it tells you you have breached a by-law (and has to state what the by-law is and how it has been breached) and tells you that you have to comply with the by-law in the future. If you don’t there is no second warning – you can be taken to the CTTT where a fine of up to $550 can be imposed).
However, all you have to do is make sure your son doesn’t misbehave and break the same by-laws again and all will be well.
I believe there is an obscure law dating back to convict times that allows you to kick your boy’s backside (without fear of assault charges) while telling him to choose better friends and think about his neighbours but I can’t quite lay my hands on it right now.
But seriously, if the Notice To Comply cites a by-law relating to, say noise, any future breach of that by-law could lead to action at the CTTT. That means the next time you throw a party or are watching your Die Hard DVDs at full volume, you could end up paying for your lad’s indiscretions.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.