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Topic
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Our complex in Sydney consists of 20 townhouses each with attached garages. There are also 5 visitors car spaces within the complex. One of the residents (owner) parks one of his cars in the garage and the other on the driveway in front of his garage, which has been authorised by the EC. From time to time he has parked one of these cars in the adjacent visitors car park while removing the other car from the garage. There is clear signage in the visitors car park prohibiting residents from parking there. He then “forgets” to move it and it can stay there for days at a time.
Recently his garage was flooded during a severe storm and he moved the car from the garage to the visitors car park. He then sent an email to the EC advising that because he was unable to use the garage he would be obliged to park in the visitors car park. There is always adequate parking available on the street.
The EC arranged for the SM to issue a Notice to Comply (with by-law 2) but this has been ignored.
The EC is now considering taking this to NCAT but I am seeking advice on the following:
1. Is this a simple matter of filling out an application or does it require legal representation?
2. Would NCAT require mediation before taking action?
3. Does NCAT issue a notice to the owner and does this include a fine?
4. What is the likelihood of success?
5. What happens if the owner ignores the NCAT order?
6. Any other aspects I may have overlooked.
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I would also advise the offender that unless he starts complying with the NTC and the bylaws the EC will vote to withdraw his permission to park on common property (outside his garage).
As to his ignoring the NTC no mediation is required and he can be fined up to $550.
If you want to hit him with a larger fine $5,500 you need to go to conciliation before adjudication and proving parking violations is easy just photo the offending vehicle over a 7 day period and state this is typical of his behavior. If you do go down this track make sure you vote to remove his permission to park on the common property first so you can include this breach in your case as well.
No legal representation would be required for such a straight forward case with virtually certain success (as certain as possible knowing NCAT) but it can take 6 months.
@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.
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