Flat Chat Forum Strata Committees Current Page

  • This topic has 4 replies, 4 voices, and was last updated 3 months ago by .
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  • #50424
    Avatarbrianpr
    Flatchatter

    Hi fellow Flatchatters –

    An update on the previously posted issue I’m having with my SC. If you recall, the By-laws permit installation of a security/screen door without reference to the Committee, but somebody does not like mine, and I have received complaints.

    Now they are making the Strata Manager send me e-mails threatening to fine me. I feel sorry for the poor woman.

    I rate the likelihood of the SC persuading NCAT to fine me as nil, though as Jimmy T often says, one never knows, does one?

    It did occur to me, however, that OCs have at times conferred powers on their Committees to issue fines on their own account and to pursue collection via debt-collection agencies. There is no such by-law here at present.

    If such a By-law were to be passed here, would the SC be able to issue fines over issues occurring previous to the By-law being passed? Retrospectively, as it were?

    Greatly appreciate your comments.

    • This topic was modified 3 months, 1 week ago by .
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  • #50486
    Avatarbrianpr
    Flatchatter
    Chat-starter

    Thank you one and all. I will await developments with this information close to hand.

    #50434
    AvatarBanned
    Flatchatter

    Agree with Scotlandx.

    The OC would first have to issue you with a Notice to Comply outlining the by-law they claim you are breaching before they could take it to NCAT for a penalty order. Don’t like their chances based on your previous post.

    #50435
    AvatarAustman
    Flatchatter

    If such a By-law were to be passed here, would the SC be able to issue fines over issues occurring previous to the By-law being passed? Retrospectively, as it were?

    As scotlandx notes.  No fines are possible.

    I’d like to note that some of my OC/BCs in some states issue a Breach Notice and then recover the administrative cost of issuing that Breach Notice by billing the “offending” lot.

    So it becomes a cost recovery exercise rather than a fine.  A technical difference but I note that some OC/BCs have been successful in recovering that cost when it has gone to a Tribunal.

     

     

    #50433
    scotlandxscotlandx
    Strataguru

    No – neither the OC nor the Strata Committee have the power to issue fines. That power is with NCAT.

    If they purported to fine you, you should just refuse to pay. Note this is the case even if it is in the by-laws, retrospective or otherwise.

     

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Flat Chat Forum Strata Committees Current Page