When is a warning not a warning? More to the point, when is warning someone that they will be issued with a Notice To Comply, basically warning them that, if they don’t behave, they will get a warning that they must behave?
In NSW and other states, a Notice To Comply is an official document that tells residents that they have allegedly breached a by-law by some action or inaction, and if they don’t mend their ways, they could – stress could – be taken to NCAT where a penalty could – again, could – be imposed.
In NSW and NTC can only be issued by a strata committee, following a properly constituted strata committee meeting, or by a strata manager at their own or the committee’s behest.
To be clear, a Notice to Comply is a warning at best, or a threat at worst, and it must include a copy of the by-law the culprits have allegedly breached.
The recipient then has the opportunity then to either stop screwing up, if they have done wrong, or ignore the notice and take their chances at the Tribunal, should the strata committee or strata manager decide to pursue it.
This was brought to the forefront of our thinking this week by a Flatchatter who has been warned that he will receive an NTC if he doesn’t stop occasionally leaving his shoes outside his front door.
Which reminds me of the friend who moved into a new apartment and was appalled to discover that all three of her neighbours in their lift lobby left their shoes outside their doors.
It turned out that all three families had always left their shoes outside wherever they previously lived. Two were Asian families and the others were downsizing farmers from out in the bush.
Should anyone be fined for leaving their shoes outside their front door? You can kick that around HERE.
Elsewhere in the Forum
- My tenants want me to lower their rent because of the noise of renovations elsewhere in the block. That’s HERE.
- How can I buy the crappy scrap of land outside my flat? That’s HERE.
- UPDATE: One-sided strata manager contracts. That HERE.
- UPDATE: Should leaving a spare key with a neighbour be compulsory? That’s HERE.
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