Ziggy

Happy New Year! Or is it? This saga continues with still no resolution. Jimmy, can the following be done? The OC goes to NCAT under Section 147 To impose monetary penalty for contravention of a By-Law and at that meeting also raise Section 120(4) Work required to be carried out under order. (Is 120 the appropriate section?)

In other words, seek penalties for ignoring our Bylaws AND then ask the NCAT member if the OC can remove the illegal commercial signage and replace the damaged hedges? BTW both are outside the lot (property) concerned as they are on common property areas.

As the recalcitrant bylaw breaker has completely ignored legal instructions and NTCs, can the strata committee take advantage of the following: Section 120 of the SSMA ie the owners corporation may carry out work required to be carried out by others. In this case remove unauthorised commercial signage on common property floor to ceiling windows and replace a a common property hedge destroyed by this lot owner?

Thanks Jimmy for your patience. I’m not ignoring your advice (why would I), I’m trying to convince the SC that we need to go to NCAT. They just want to live happily ever after and ignore any breaches of our Bylaws.

Now, there’s a new twist in the tale, or is that tail? Our lawyers are saying under Section 227 of the Strata Schemes management Act 2015 that the parties must participate in mediation before applying to Tribunal seeking orders to enforce the by-law(s).

But the Notice to Comply form states that if the owner does not comply with the bylaw, the OC (SC?) may apply to NCAT to impose a monetary penalty on them.

Now what?

BTW Jimmy, when you say “Any owner in the building can pursue complaints about by-law breaches (through the mediation and tribunal system)” does that mean they have to go to Fair Trading first. I thought you could go directly to NCAT if NTCs have been issued.