Flat Chat Strata Forum Common Property Car Parking Current Page

#22791
Jimmy-T
Keymaster

    @Paddy said:

    1. Is this a simple matter of filling out an application or does it require legal representation?

    No. legal representation is not encouraged.

    2. Would NCAT require mediation before taking action?

    Yes, this is a mandatory step (and most cases are resolved at this stage.

    3. Does NCAT issue a notice to the owner and does this include a fine?

    NCAT can issue orders and fines which are increased considerably if the  rogue parker fails to compy with the orders

    4. What is the likelihood of success?

    High, if the by- laws are clear, the breach is clear and the Notice To Comply has been agreed at a properly constituted executive committee meeting and you have minutes to prove that.  Otherwise, it’s a toss of the coin.

    5. What happens if the owner ignores the NCAT order?

    They’ be in trouble for doing so and face much higher fines -0 but you ahve to make an application at NCAT for that.

    6. Any other aspects I may have overlooked.

    Make sure all your paperwork is in order and available at every stage.  One missing set of minutes or letter or by-law could mean everything is thrown out.

    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.