Reply To: NCAT application – must owners be informed?

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08/12/2024 at 5:37 pm #77280
timSP
Flatchatter

    hi,

    It seems there’s been no replies to this question!

    I have same issue. The Strata Manager (SM) did NOT inform all the lot owners that a lot owner had applied for an NCAT hearing last year.

    Another NCAT hearing has been lodged and accepted last week, and a directions hearing date has been slated for the new year.

    It seems that it is in fact a requirement under the Strata Schemes Management Act (SMAA) that the Owners Corporation (OC) be required to inform lot owners of any action, but I cannot seem to find anything specific in the SSMA

    Reading the Far Trading NSW website:

    https://ncat.nsw.gov.au/case-types/housing-and-property/strata-and-community-living/strata-schemes.html#:~:text=In%20strata%20and%20community%20schemes%20cases%2C%20NCAT%20sends%20a%20copy,association%20except%20for%20penalty%20applications.

    What happens next

    Strata and community schemes cases are first listed for directions. Check the notice of hearing from NCAT and follow the instructions provided. If your case is not resolved at the first hearing it may be listed for a contested hearing on a later date.

    Read the hearing preparation checklist to prepare for your hearing. 

    In strata and community schemes cases, NCAT sends a copy of the application to the parties and to the owners corporation. The owners corporation is required to give a copy of the application to all lot owners or members of the association except for penalty applications.

    Why question is firstly, what are the timeframes in which the OC are required to inform lot owners about an NCAT application, and secondly, what penalties can be issued, and are they issued to the SM, or the OC? and how can this complaint be made?