Forum Replies Created
-
AuthorReplies
-
Name and shame.
I got a similar issue.
But it seems to be a Catch 22 in terms of spending the Owner Corp’s money i.e., the only way to determine who is responsible (the OC or the owner of the other unit) with certainty is for the OC to send a plumber anyway to take a look.
Isn’t there a smarter way?
Thanks for the responses.
I actually called NSW Fair Trading after my last post and they told me that breaching s119 is neither a contravention of an order (s202) nor a notice to comply (s203), so an application to penalise the owner under s119 should be made to the local court rather than the CTTT >.>
Anyway, I’ve instructed my strata manager to send a letter to the owner that we’ll fine them under s119 if they don’t provide the tenant details. So I guess I’ll wait to see what happens …
Whale, how do I apply to the CTTT to fine the owner for not complying with s119?
Do I use an Application for an Order by an Adjudicator?
https://www.cttt.nsw.gov.au/pdfs/Applications/Forms/Application_form_strata_adjudication.pdf
And list s138 as the order I want and state s119 somewhere in the details box?
Also, since this is an imposition of a penalty, I assume no mediation is required?
Man, I don’t know whether my strata manager is up to this …
@Whale said:
Firstly, in NSW the Owner of a rented lot is legally required to provide the Owners Corporation with their tenant’s details within 14 days of the Lease commencing (see HERE); perhaps your Strata Manager should pursue that avenue where a penalty of $550 may be imposed.Sorry for the belated reply Whale. Thanks for your suggestion, it seems to be the best course of action. Unfortunately I’ve had to walk my strata manager through the process as she didn’t seem to know section 119 existed.
-
AuthorReplies