#28757
Sir Humphrey
Strataguru

    PS. In the matter I referred to, right at the start during the directions hearing, the unit owner was concerned about the penalty provision in the Unit Titles (Management) Act 2011. She asked “Can I just pay the fine and keep ‘the structure’?” The Tribunal member may have raised one eyebrow slightly and she said deadpan: “But then the Infringement Notices will keep coming.” IE. The committee could keep issuing new Infringement Notices because the unit owner would be continuing to infringe the rules. Each time OC could apply for the fine to be applied. 

    Instead we did not apply for the fine but we just applied for orders that the unit owner remove the structure by such a date as the Tribunal considered reasonable. Still, we then had to follow up with seeking an ‘enforcement order’ from the Magistrates Court to appoint the OC (‘another person’) to do that which the unit owner had been ordered to do but failed to do. 

    I am not sure whether the ACT Tribunal can impose a fine for failing to comply with a Tribunal order. I suspect, like the enforcement orders we sought, that might have to go to the Magistrates Court.