The lot owner has been breached multiple times and has received a notice to comply.
and
…we’ve been told mediation is the next step and after that NCAT tribunal which could cost upwards of $20K.
Sounds to me like you are getting bad advice. The resident has not been “breached” until they receive a Notice to Comply. I hope you haven’t fallen for the nonsense that you need to send three warning letters before you can issue an NTC. If the owner has been sent a Notice To Comply, mediation is not required: you go straight to NCAT and seek a fine if the breach notice is ignored. Also, if they defend the NTC when it is clear that they were in breach and knew they were, you have a fairly reasonable chance of having costs awarded.
Whoever is giving you advice is either not giving you the whole picture or isn’t explaining themselves well.
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 6 months ago by .