OC ignores NCAT order

@SeeksHelp said:
I have won an order that the owners corporation was unreasonable in refusing to make a by law. The OC has not appealed the decision.  I have been to the AGM again and the owners corporation are ignoring NCAT order and still refusing to make the by law.

Does anyone have any experience in this area of appealing to the NSW Fair Trading and what happened?

Does appealing to Fair Trading give the OC the opportunity to appeal again?  

Can you provide more information? Eg can  your order impact on other owners? Etc etc. I understand that the option is to go to the  NCAT ombudsman to seek assistance 

Hmm. We have that situation the other way around. An owner erected a structure on the unit area without approval. The EC issued a rules infringement notice (ACT-speak for breach notice) with a generous deadline and that was ignored, so we went to the tribunal. The Tribunal decided that our rule on alterations was valid and that the infringement notice was valid and the unit owner was ordered to comply with the notice (requiring the structure to be removed) with an extended deadline. She has now just failed to remove the structure by the new deadline. 

So, here at least, we have learned that the next step is to go to the Magistrates Court seeking an ‘enforcement order’ to give effect to the Tribunal’s order. In this case where a person was required to do an act (IE remove the structure) the Court can appoint another person to do that act and order the person who should have done it to pay costs. 

In the case of a by-law not being made by the OC after it was ordered to do so, the relevant NSW Court might be able to simply deem it to have been made. 

I was worried in our case that the unit owner might have a mechanism to reopen the matter and start the argument from scratch again. I was told that would not happen. The Magistrates Court would only be interested in making the Tribunal orders happen. I would expect NSW to have a parallel approach. 

Seekshelp said  the by law is just for my lot and the works do not impact any other lot owner. The works have not been made and the by law is getting the pre approval

I think i would question why the OC chose to ingore the order? Are the OC usually receptive to owners  wanting to change/add a by law? Does seekshelp  have an answer in writing as to the basis of the rejection following the meeting? In NSW one has the option of going to the Supreme Court ,however all should be resolved by an honest transparent OC before costly legal fees! 

Hmmm…. Seekshelp, it Seems to me the OC objection is hardly valid, as traditionally owners are permitted to make changes to their lot by supplying the by law to accept  responsibility to its maintenance. You have stated other by laws were approved so there appears to be involved for OC to object so strongly? 

Its my experience that some owners can be discriminated against a OC driven by self interests and with the ability to contact owners directly to obtain support

In  my opinion you have no choice IF you want the by law approved to return to adjudication and ask for a penalty. It might cost you but a GOOD strata lawyer can help smooth the waters good luck.