#27548
Jimmy-T
Keymaster

    There is a bit of confusion here becasue the Secretary in the Act sometimes refers to the secretary of Fair Trading.

    Anyway, this is what my person from the Ministry told me:

    They would prefer owners to sort these things out amicably and internally.  If you want to use a mediator (maybe the chair of another building) that’s fine, as long as everyone agrees on the outcome.

    However, if there is a serious prospect of this requiring adjudication at NCAT you should contact Fair Trading about getting approval for mediation which could be through them, the Community Justice Centre or a professional service.

    Once you have approval, you can proceed in the knowledge that the mediation or attempted mediation will be accepted as the mandatory precursor of  an application to NCAT.

    Don’t forget that mediation only has to be attempted – if the respondent to a complaint refuses to participate an approved effort to mediate still counts.

    And there are some issues that don’t require mediation.  Also, the mediation form says that if you want to have a pet in a building whose by-laws clearly say “no pets” they will not accept an application for mediation.

    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.