Reply To: TV clip claims residents are being “fined by strata” for kids’ noise.

From the clip you mention, it reinforces the knowledge that most journalists – TV or otherwise – have no idea how strata works.

Putting this simply, so even tabloid TV journos can understand it, if there is a valid by-law in place and residents or their offspring are breaching them, then they could and probably should be issued with notices to comply.

But to be clear:

1.  Strata schemes can’t fine anybody for anything.  A $250 fine from the owners corporation would be  unenforceable. It would have to come from the Tribunal (NCAT).
2. The OC can only issue notices to comply.  A notice to comply is a warning that there are by-laws and residents need to abide by them.  If they choose not to, then they can be taken to the Tribunal which may issue fines.
3. If the kids are causing a noise nuisance, then the parents could be issued with a notice to comply.
4. Same applies to dogs barking and doors slamming.

All of the above behaviour can be moderated.  If the residents can’t do that, they can be fined – but only by the Tribunal – for breaking the rules.

If the fundamental rules for living in a high-rise are too onerous, residents should find a house to live in.  If they can’t afford to live in a house, they should respect the rules of the shared space where they can afford to live.

It really is as simple as that. Otherwise, the rules or by-laws of strata can be altered by a majority of people who own and live in the community.  If you don’t like their rules, try to have them changed or go somewhere else.

If the rules of the strata are being unfairly imposed, then you can argue that at the Tribunal and, if the Member agrees, you shouldn’t be fined.

If the Owners Corp is issuing its own fines, that is illegal.  However, as it says at the end of this clip, they are following the law so that is unlikely.

It’s a shame that there’s no strata law to prevent lazy journalists from trotting out half-baked stories based on ignorance and misinformation for the sake of a headline.  Do some research, for pity’s sake.

• This reply was modified 12 months ago by .