If you want to read an editorial piece explaining the ‘easy’ and ‘hard’ ways to pursue complaints and by-law breaches and resolve disputes in strata in NSW. That piece now resides HERE.
Having suggested it might help if there was an integrated and simple step-by-step guide to the process on either the Fair Trading or CTTT websites, I thought, well, how hard would it be to put one together. Bloody hard, is the answer, but I think I’ve cracked it.
The following guide to the possible routes down which to take your grievances will be kept on a permanent page on this website. But for now, here it is for your … um … enjoyment. If I have missed a step, made a mistake given you a bum steer, please go to this related Forum topic or email me on mail@flatchat.com.au and let me know
Notices to Comply
vs CTTT orders
As discussed previously on this website, in NSW there are two ways to pursue miscreants in strata plans (assuming polite requests and a quiet word haven’t done the trick).
The ‘easy way’ is to issue a Notice To Comply which basically tells the naughty neighbour which by-law they are breaking and that they could be fined up to $550 if they don’t stop doing it.
The ‘hard way’ is to get a Consumer,Trader and Tenancy Tribunal order against the miscreant. If they then continue their bad behaviour, they could be fined up to $5500. The reason for the higher fine is that they are no longer merely ignoring the by-laws of your strata plan, they’re thumbing their noses at the CTTT and they really don’t like that.
NOTICES TO COMPLY
Notices to comply deal with by-law breaches only. They are quicker and more direct but have much lower fines.
Step 1: Notice To Comply
Executive committee agrees at meeting to issue Notice To Comply to the owner or tenant who is in breach of by-laws, using this form. This can also be done by a strata manager with delegated powers. Given that many residents – tenants and owners – claim they have never seen the by-laws, it is worth sending a copy of the by-laws or at least an extract containing the relevant by-law to the alleged miscreant.
Step 2: Application for penalty
If the owner or tenant doesn’t comply – i.e. they continue the behaviour that cause the breach in the first place – the EC or strata manager applies for a tribunal hearing leading to the imposition of penalty, using this form. After filling in the rest of the form, go to section 12 and tick the box next to “To impose a penalty for contravention of a by-law” halfway down on the right.
Many forms are multi-purpose with detailed explanations of which sections to use printed on the back.
Step 3: Tribunal
A CTTT hearing on the matter is held in person before a Member who determines if fines of up to $550 are to be imposed. This factsheet describes how CTTT Hearings work (it’s not specific to Strata but it is helpful, nonetheless)
CTTT ORDERS
CTTT orders deal with by-law breaches (as do Notices To Comply) but they also take in strata Act breaches and internal disputes. This longer process – which can take up to three months, if not more – carries potentially higher penalties and is described in full HERE. Meanwhile. here is a step by step guide to getting a CTTT Order.
Step 1: Application
Executive committee, strata manager, owner or tenant applies to Fair Trading for mediation to resolve a dispute over by-law or strata law breaches, using this form . NB: Tenants can also apply for an order to compel their landlords to take action on their behalf (this is less expensive than pursuing the complaint themselves). Tenants would use THIS form to compel landlords to fulfil their obligations (probably under one of the many clauses in Section 187(1) of the Residential Tenancies Act.
Step 2: Mediation
Except for in a limited number of issues, parties must attend mediation.* The process is explained HERE. Matter may be resolved at this stage. If not …
Matters that don’t require mediation include appointment of a compulsory strata managing agent, compensation, allocation of unit entitlements and penalty disputes such as Notices To Comply.
Step 3: Application for Adjudication
If mediation fails, the executive committee, strata manager, owner or tenant applies for adjudication using this form.
Step 3: Submissions
A CTTT adjudicator decides ON PAPER whether to issue an order and the first part of that process is to call for submissions from all sides of the dispute. This is what the CTTT factsheet says:
A letter with a copy of the application is sent to all interested parties, inviting them to lodge a written submission stating whether they agree or disagree with the application and any attachments. The submissions period timeframe is generally set at 28 days. Submissions received are made available for the parties to view up to 3 days before the application and submissions are referred to the Adjudicator for determination.
It is impossible to overstate the importance of having all the paperwork correctly presented. Lists of the absolute minimum paperwork required is printed on the back of the form, next to the relevant section, but it’s better to have too much rather than too little. The process generally takes 28 days but in genuine emergencies Interim Orders can be sought and processed within 48 hours (see factsheet for more details).
Step 4: Orders issued
The adjudicator adjudicates and their decision and reasons for it is sent out to all parties concerned. The adjudicator’s decision is binding and it is an offence to wilfully contravene it. However, it is up to the ‘winning ‘ side to apply for penalties (see Step 6) if the order is breached. Either party can appeal the decision and has 21 days in which to do so. Use this form to apply for a hearing (go to Section 12 on the form and check the box next to “An appeal against an order of an Adjudicator”).
Step 5: Tribunal Hearing
The appeal is heard in a tribunal before a CTTT Member and is like a court of law in so far as the Member listens to the arguments from both sides, examines the evidence and decides on that basis. Once again, this factsheet describes how CTTT Hearings work (it’s not specific to Strata but it is helpful, nonetheless)
NB: Either party can appeal CTTT tribunal decisions at District Courts.
Step 6: Application for penalty
Failure to abide by a CTTT order is an offence carrying fines up to a maximum of $5,500. You use the same form to apply for penalties to be imposed, this time checking the box in Section 12 next to “To impose a penalty for contravention of an order”.
Elsewhere in Australia
As we have noted many time in these pages, strata law varies from state to state. The more strata savvy and experienced states have fairly sophisticated (if far from perfect) complaints resolution systems while relative newcomers are trying to evolve their own ways of doing things, no doubt with one eye on local circumstances and the other on mistakes made elsewhere.
For a guide to Victoria’s complaints system go HERE.
For Queensland, click on THIS link.
You’ll find South Australia’s system explained HERE.
West Australia‘s dispute resolution process is explained, starting on page 22 of THIS DOCUMENT.
Tasmania’s dispute procedures begin on page 15 of this guide to strata living.
The ACT has its own guide HERE.
Despite the Northern Territories having one of the fastest growing strata industries in Australia, there is no obvious place to go for advice on strata disputes. we recommend starting HERE and seeing where that takes you.