QUESTION: While we were away recently my son held a party in our unit. One of the guests was beyond stupid and did some damage to the common property.
My son has admitted responsibility, has apologised and will be paying for the damage.
The Executive Committee has notified me that, as it is my unit, I am responsible and I will be “served with a breach of by-laws” notice. Now, what does this actually mean?
It is mine and my son’s first offence if that makes any difference – TC, via Flat Chat Forum
ANSWER: Legally, there is no such thing as a “Breach of By-law” notice (in NSW) although there may be an internal document that your Owners Corp uses as its own warning.
The official ‘no-no’ note is a Notice To Comply – this is issued by the Executive Committee or the strata manager and it tells you that you have breached a specific by-law and that you that you have to comply with the by-law in the future.
If you don’t, there need be no second warning and you can be taken to the CTTT where a fine of up to $550 can be imposed.
So, firstly make sure your son doesn’t break the same by-laws again and all should be well.
However, it’s worth remembering that your own behaviour is now subject to the Notice To Comply. If it cites a by-law relating to, say noise, any future breach could lead to a fine.
So be careful: the next time you throw a party or are watching your Die Hard DVDs at full volume, you could end up paying for your lad’s indiscretions.
HAVE YOUR SAY
We are less than two weeks away from the close of submissions to what promises to be the most radical change in strata laws since they were first enacted 50 years ago.
This is your chance to influence the way strata will be run for the next half century. Download the document HERE – it includes full details of how you can respond to any or all of its discussion points before the closing date of November 15.