#72061
Jimmy-T
Keymaster

    But be prepared that 3x breech notices will have to go out first before you are set to escalate to NCAT for enforcement and fines (s0 I was once advised).

    As far as I know, the “three warnings” rule is a strata myth.  You send the Notice to Comply and if they continue to breach, you apply directly to NCAT for penalties, by-passing Fair Trading mediation provided the NTC has been properly issued either by the strata manager or via a decision at a legally constituted strata committee meeting. I can find no reference in the strata Act to having to send more than one NTC.

    The wording on the official (and only valid) Notice to Comply is simple – the resident or owner has been found to have been in breach of a specified by-law. They should stop doing whatever is breaching the by-law, and failure to comply could lead to fines of up to $1100.

    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.