So disturbing what NCAT reduced s 238 to.
So disturbing the way they treat s 237.
One more time, these are corrective tools.
They are not draconian measures or things that need to be used ONLY in the the clearest of near criminal cases.
If a strata plans “democracy”, which NCAT thinks is so important as to tolerate more non compliance than should be tolerated, is such that it can’t address correcting non-compliance, and NCAT will not touch it, then we breed the dysfunction that is a somewhat ubiquitous problem across strata in NSW.
If the level of non compliance in strata was acceptable in other areas of society it would be a body count that nobody was addressing.
NCAT is implicit in the issues in strata by being to soft and finding “rubbish” excuses to not treat the legislation as it was intended.
No one has ever been removed in a reported case yet we had the reform to get this s 238 provision.
You want to tell me the problems that drove the reform magically disappeared or is it more the case that what the Parliament intended and what NCAT delivers are divergent?
The data supports a conclusion of divergence.