NSW: Repeated Breaches – The Washings on the Balcony!
Question: What action can the Strata Committee take to impose compliance for breaches? A lot owner is amplifying her non-compliance in response to being advised to cease her hanging of washing on the balcony practices.
Answer: Issue a notice to comply with the washing on the balcony bylaw and then pursue the matter through NCAT.
The owner is clearly in breach of the by-law, so next steps would be:
- Pass a resolution at a general meeting/strata committee to issue a notice to comply in the form approved to the offending owner (a resolution is not required if that function has been delegated to your strata manager)
- If the offending owner persists in the washing breaches, then the owners corporation may make application to NCAT to impose a monetary penalty
- If the person breaches again within 12 months of NCAT having imposed a monetary penalty, then NCAT has power to double the usual monetary penalty
Alternatively, you may wish to obtain Orders from NCAT that the owner cease & desist in the offending behaviour, though Mediation would first be required to be attempted.
Breach of Orders carries higher penalties than breach of by-laws.
For the full question and our detailed response, visit the original publication at Look Up Strata. Do you have a question relating to your property or development? Contact us!
Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.
