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:

  1. 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)
  2. If the offending owner persists in the washing breaches, then the owners corporation may make application to NCAT to impose a monetary penalty
  3. 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.