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  • #50424
    brianpr
    Flatchatter

      Hi fellow Flatchatters –

      An update on the previously posted issue I’m having with my SC. If you recall, the By-laws permit installation of a security/screen door without reference to the Committee, but somebody does not like mine, and I have received complaints.

      Now they are making the Strata Manager send me e-mails threatening to fine me. I feel sorry for the poor woman.

      I rate the likelihood of the SC persuading NCAT to fine me as nil, though as Jimmy T often says, one never knows, does one?

      It did occur to me, however, that OCs have at times conferred powers on their Committees to issue fines on their own account and to pursue collection via debt-collection agencies. There is no such by-law here at present.

      If such a By-law were to be passed here, would the SC be able to issue fines over issues occurring previous to the By-law being passed? Retrospectively, as it were?

      Greatly appreciate your comments.

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    • #50433
      scotlandx
      Strataguru

        No – neither the OC nor the Strata Committee have the power to issue fines. That power is with NCAT.

        If they purported to fine you, you should just refuse to pay. Note this is the case even if it is in the by-laws, retrospective or otherwise.

         

        #50434
        Banned
        Blocked

          Agree with Scotlandx.

          The OC would first have to issue you with a Notice to Comply outlining the by-law they claim you are breaching before they could take it to NCAT for a penalty order. Don’t like their chances based on your previous post.

          #50435
          Austman
          Flatchatter

            If such a By-law were to be passed here, would the SC be able to issue fines over issues occurring previous to the By-law being passed? Retrospectively, as it were?

            As scotlandx notes.  No fines are possible.

            I’d like to note that some of my OC/BCs in some states issue a Breach Notice and then recover the administrative cost of issuing that Breach Notice by billing the “offending” lot.

            So it becomes a cost recovery exercise rather than a fine.  A technical difference but I note that some OC/BCs have been successful in recovering that cost when it has gone to a Tribunal.

             

             

            #50486
            brianpr
            Flatchatter
            Chat-starter

              Thank you one and all. I will await developments with this information close to hand.

            Viewing 4 replies - 1 through 4 (of 4 total)
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