What do you do about an owner who ignores all your by-laws?

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  • 18/10/2023 at 4:15 pm #70758
    Ziggy
    Flatchatter

      For some time now, a new lot owner has ignored every single request from the Strata Committee for appropriate documentation and information for the change of use to their lot. They have renovated the lot disregarding nearly every common property bylaw we have in place. They have cut down shrubs; rewired common property air conditioning; changed walls; changed lighting; put in new plumbing, which caused flooding; put in new flooring; parked their tradies cars illegally; moved in machinery that has levels above what the SC think are reasonable; and worked out of hours. And perhaps, broken open a security lock.

      Has there ever been a case where an Owners Corporation can force this type of owner to sell their property? Or, at least to re-instate/remove everything they have done?

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    • 21/11/2023 at 11:21 am #71481
      Ziggy
      Flatchatter
      Chat-starter

        Thanks all for your sage advice. NTCs have been issued but have been ignored. So, I dread all the paper work involved in going to NCAT,  perhaps AI can help!

        As another wise person once said: The standard you walk past is the standard you accept.

        21/11/2023 at 11:23 am #71485
        Jimmy-T
        Keymaster
          Ziggy wrote:

          I thought you could go directly to NCAT if NTCs have been issued.

          I have no idea because I’ve never heard of a scheme issuing NTCs but not following up on them. I would guess that it’s just the body that issued the NTCs but I may be wrong.  I would check with Fair Trading.

          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.
          23/11/2023 at 11:20 am #71516
          Ziggy
          Flatchatter
          Chat-starter

            Now, there’s a new twist in the tale, or is that tail? Our lawyers are saying under Section 227 of the Strata Schemes management Act 2015 that the parties must participate in mediation before applying to Tribunal seeking orders to enforce the by-law(s).

            But the Notice to Comply form states that if the owner does not comply with the bylaw, the OC (SC?) may apply to NCAT to impose a monetary penalty on them.

            Now what?

             

            24/11/2023 at 6:25 pm #71564
            Ziggy
            Flatchatter
            Chat-starter

              OK. What about Section 122 of the SSMA, which states the OC has the power to enter property to carry out work.

              So the miscreant is refusing to remove illegally affixed signage on the outside of common property windows and has also destroyed a common property hedge to further advertise their commercial business.

              Can the OC remove the signage from the ceiling to floor windows and can they replace the hedge with like for like?

              Surely that would avoid going to NCAT.

               

              Power of owners corporation to enter property in order to carry out work

              24/11/2023 at 6:30 pm #71568
              Jimmy-T
              Keymaster
                Ziggy wrote:

                Surely that would avoid going to NCAT.

                You would have to go to NCAT to get the orders permitting the OC or its agents to enter the property.

                It seems that the very simple advice you have been offered time and again is being ignore in favour of elaborate and unworkable cunning plans.

                1.  Issue notices to comply for breaching by-laws. .
                2. Pursue penalties for continuing with breaches.
                3. If they persist with the breaches, pursue Tribunal orders, costs and fines.
                4. If they ignore orders, heaven help them.
                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.
                24/11/2023 at 10:20 pm #71573
                Ziggy
                Flatchatter
                Chat-starter

                  Thanks Jimmy for your patience. I’m not ignoring your advice (why would I), I’m trying to convince the SC that we need to go to NCAT. They just want to live happily ever after and ignore any breaches of our Bylaws.

                  24/11/2023 at 10:22 pm #71575
                  Jimmy-T
                  Keymaster

                    In that case you can try to pursue the Strata Committee for non-enforcement of the by-laws (section 232) or you can seek orders against the by-law breacher at NCAT via the mediation and tribunal path.  But if the rest of the SC doesn’t care, you are ploughing a lonely furrow.

                    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.
                    18/12/2023 at 9:27 am #71939
                    Ziggy
                    Flatchatter
                    Chat-starter

                      As the recalcitrant bylaw breaker has completely ignored legal instructions and NTCs, can the strata committee take advantage of the following: Section 120 of the SSMA ie the owners corporation may carry out work required to be carried out by others. In this case remove unauthorised commercial signage on common property floor to ceiling windows and replace a a common property hedge destroyed by this lot owner?

                      18/12/2023 at 9:29 am #71941
                      Jimmy-T
                      Keymaster

                        Probably, but I think you would have to get orders from NCAT before you did that, and that way it not only is legal, but you can then sheet the costs of the work back to the misbehaving owner.

                        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.
                        11/01/2024 at 10:32 am #72147
                        Ziggy
                        Flatchatter
                        Chat-starter

                          Happy New Year! Or is it? This saga continues with still no resolution. Jimmy, can the following be done? The OC goes to NCAT under Section 147 To impose monetary penalty for contravention of a By-Law and at that meeting also raise Section 120(4) Work required to be carried out under order. (Is 120 the appropriate section?)

                          In other words, seek penalties for ignoring our Bylaws AND then ask the NCAT member if the OC can remove the illegal commercial signage and replace the damaged hedges? BTW both are outside the lot (property) concerned as they are on common property areas.

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