› Flat Chat Strata Forum › Living in strata › Roundup: Another fine mess as NCAT floored by loophole › Current Page
Just to add some meat to the bones of this discussion, this is what it says in the relevant published proceeding at NCAT: The Owners – Strata Plan No 82306 v Anderson [2017] NSWCATCD 85 heard before Wright J (President), M Harrowell (Principal Member), R Seiden SC (Principal Member)
’35. The 2015 Act does not contain any substantive provision that would allow the Tribunal to order the payment of pecuniary penalties for non-compliance with orders concerning the operation and management of a strata scheme.’
The document goes on to say that the Tribunal can fine owners who defy NCAT orders, but that is a very different thing.
Apart from anything else, those fines would be paid to government funds, which undermines not only the whole principle of owners corporations being able to apply for financial penalties, but that those penalties can then be paid to the owners corporation funds.