There are few misconceptions in this post – no criticism, you are not alone.
Firstly the “warning letter” is called a Notice To Comply and you will find the official (and only acceptable) form HERE.
The form, quite reasonably, asks you to state the by-law that is being breached. If you don’t have a by-law (such as one about behaviour on common property) then you have a problem.
If you issue an NTC and it is ignored, your next step is to go to the tribunal (NCAT) to seek penalties and/or orders. With a properly issued NTC – agreed at a committee meeting or issued by a strata manager – you do not need to go through Fair Trading.
If you don’t have an appropriate by-law, then you probably do have to go through the Fair Trading mediation process before you can go to the tribunal.
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.
- This reply was modified 8 months, 1 week ago by .