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We have a lot owner who continually (literally all the time) leaves items in the common hallway in front of their unit. These items (big boxes, plastic tubs, furniture, you name it) block the short distance between their unit door and the fire door. To make it even worse, the resident lives with her elderly mother who has significant dementia, requires 24 hour care and has mobility issues so if they had to leave in a hurry, she could be hampered.
The lot owner has been breached multiple times and has received a notice to comply. Our strata plan has also recently been investigated by NSWFR due to a complaint by the fire brigade specifically as a result of this lot owner (we had 2 alarms go off due to cooking smoke on her floor, and both times the brigade warned her about the items she has in the hallway – after the 2nd warning, they notified NSWFR about it).
None of the items are of any value (some is recycling, empty plastic tubs, random low value items or broken electronics).
Can we move or dispose of the items, or store them elsewhere and charge the lot owner for the time to collect/store the items? It’s not like they haven’t been warned, but we’ve been told mediation is the next step and after that NCAT tribunal which could cost upwards of $20K!
- This topic was modified 5 months, 2 weeks ago by .
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The lot owner has been breached multiple times and has received a notice to comply.
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…we’ve been told mediation is the next step and after that NCAT tribunal which could cost upwards of $20K.
Sounds to me like you are getting bad advice. The resident has not been “breached” until they receive a Notice to Comply. I hope you haven’t fallen for the nonsense that you need to send three warning letters before you can issue an NTC. If the owner has been sent a Notice To Comply, mediation is not required: you go straight to NCAT and seek a fine if the breach notice is ignored. Also, if they defend the NTC when it is clear that they were in breach and knew they were, you have a fairly reasonable chance of having costs awarded.
Whoever is giving you advice is either not giving you the whole picture or isn’t explaining themselves well.
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.
- This reply was modified 5 months, 2 weeks ago by .
Who issued the Notice to Comply? If the strata manager has been delegated to do it, they can issue the Notice to Comply. Otherwise, you have to hold a meeting of the owners corporation (or strata committee) to pass an ordinary resolution to issue that Notice to Comply. Make sure you have evidence of a motion passed at a general meeting, if you did not authorise the strata manager to issue such notices.
Refer to Strata Schemes Management Act 2015 sections 146 and 147 for the exact rules.
Then google “NCAT application strata” and scroll down to a large heading “Penalty” which has a bit more guidance.
If your strata manager is trying to put you off going to NCAT with the $20K cost, can you ask your secretary to do it instead? An application costs a bit over $100. I hate the idea that you’re doing their job for them.
There are laws about “abandoned goods”. You could research that and see if you could simply pick up the rubbish and put it in the nearest red rubbish bin for council pick up. The drawback is that they might get the impression you are a free cleaning service.
Make sure you have evidence of a motion passed at a general meeting, if you did not authorise the strata manager to issue such notices.
This would be a motion to delegate the committee to act on behalf of the owners corporation – a standard motion at most (but not all) AGMs.
There are laws about “abandoned goods”.
I had a look at these too. They are generally about stuff left behind by residents who have moved on. I don’t think they would apply here.
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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