#28726
Jimmy-T
Keymaster
Chat-starter

    This, from a spokesperson for Fair Trading:

    “Under the Strata Schemes Management Act 2015 (the 2015 Act), the NCAT does have the power to impose monetary penalties on strata scheme owners and occupants who have failed to comply with Tribunal orders requiring them to comply with by-laws. This power is in section 147 of the 2015 Act.

    In regard to the Tribunal case raised in the Sun Herald article of 12 November 2017, the Tribunal decided that it did have authority to determine this matter and on 31 October 2017, orders were made requiring the lot owner to comply with the relevant by-law by12 January 2018, or pay a penalty of $2,500.00.”

    I, for one, am not satisfied with this response. Why? Firstly, they don’t address the issue, just resorting to their standard response of pointing at the Act  without explanation of how strata lawyers and an NCAT member could have got it wrong.

    Also, the case they cite as proof that the new laws are working fine is the one that was heard under the jurisdiction of the old laws and is therefore irrelevant.

    I mean, how stupid are these people – or how stupid do they think we are?

    How do you know when politicians and bureaucrats are trying it on? When they answer the question they wish you’d asked, rather than the one you actually did.

    At least two prominent strata lawyers have raised this issue.  Once again, Fair Trading resorts to smoke and mirrors. Grrrrrr!

    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.