Question: I believe one of our bylaw is harsh, unconscionable or unreasonable. As a lot owner, should I apply to NCAT for the Tribunal to decide or should concerns first be raised to the Strata Committee or at a General Meeting?
Answer: The procedure is to make an application for an Order declaring the by-law invalid.
There is nothing to stop the owner from raising their concerns with the strata committee or at a general meeting, however, as you correctly state, the procedure is to make an application under Section 150 of the Strata Schemes Management Act 2015 (NSW)(the “Act”) for an Order declaring the by-law to be invalid (as NCAT has that jurisdiction) and compliance with the mediation requirements under the Act first.
For the full question and our detailed response, visit the original publication at Look Up Strata.
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