The process is that you seek mediation from Fair Trading, specifying which section of the Act you feel is relevant. You and the other party will receive a notice telling you that there is to be a mediation and suggesting a date.
If the matter is not resolved – and Fair Trading will not make any kind of ruling – then you can proceed to NCAT for a ruling.
So, first off, you have to decide with whom you intend to seek mediation – the owner for breaching by-laws or the strata committee for failing to enforce their by-laws. It could be:
- Section 135 Requirement to comply with by-laws
- Section 153 Owner creating a nuisance
- Section 156 Order for removal of an animal not permitted under by-law
- Section 158 Order for removal of an animal permitted under by-laws
If you make your dispute against the strata committee, it could be:
- Section 232 Orders to settle disputes or rectify complaints …
(1)(e) failure to exercise a function conferred or imposed by or under this Act or the by-laws of a strata scheme. - (2) Failure to exercise a function
For the purposes of this section, an owners corporation, strata committee or building management committee is taken not to have exercised a function if:
(a) it decides not to exercise the function, or
(b) application is made to it to exercise the function and it fails for 2 months after the making of the application to exercise the function in accordance with the application or to inform the applicant that it has decided not to exercise the function in accordance with the application.
You can read details of all of these sections here in the Act.
Mediation more often than not doesn’t lead to NCAT action and that is always your choice. You can seek mediation without committing to NCAT action – and it’s free – but you can’t take action at NCAT without prior mediation (in most cases).
You find more information including a link to an online application for mediation HERE.