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Can an Owners Corporation pass a Bylaw that recovers legal fees from any owner who applies to the NCAT for an order against the Owners Corporation ( or who applies for compulsory mediation) and is unsuccessful? Doesn’t the Tribunal decide who bears responsibility for costs in NCAT cases?
It seems to me such a bylaw may well deter frivolous claims against the Owners Corporation but also have the effect of deterring an owner, who has a genuine and valid concern against the Owners Corporation on some matter that requires resolution at NCAT, but unless they are 100% confident of winning the case – which of course one can’t be – are reluctant to go down the NCAT path for fear of losing a case and being responsible for all costs.
Can an Owners Corporation pass a bylaw that allows the Owners Corporation to charge an individual owner fees incurred as a result of that owner failing to allow access to their property for maintenance purposes at a designated time and date – i.e. not a mutually agreed time with the owner but a time determined by the Strata Manager or Committee?
Its possible that an owner may have a genuine reason for not being available at the time as determined by the OC or Committee eg hospital, family emergency etc but be slugged fees for being unavoidably absent.
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