304. The 3 Ways Strata Managers are Getting Notices to Comply Wrong
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Having recently helped a client avoid penalty proceedings in the Tribunal, this week I’m sharing some common mistakes I see managers and committees making when issuing a notice to comply with a by-law. I’m also giving our members the opportunity to access my next exclusive Pro Member Webinar where we’ll go deep on this important topic (heads up: it’s TOMORROW!)
Links mentioned:
- Get the transcript here!
- Members: Register here for the Pro Webinar 17 March (make sure you are logged in before clicking this link)
- Non-members can access the webinar here
- Find out more about our online community here
- Episode 303. Can an owner dictate the method for common property repair? – Your Strata Property
- Section 146 – Notice by owners corporation to owner or occupier – Strata Schemes Management Act 2015 (NSW)
- Section 103 – Legal services to be approved by general meeting – Strata Schemes Management Act 2015 (NSW)
- Notice to Comply with a By-Law Template Form – NSW Fair Trading
Thanks Amanda,
Hot topic. Lots of questions though:
1) In our tenanted building rowdy tenants and their obscure guests cause lots of noise and rubbish dumping breaches. CCTV easily identifies which apartment is in breach but then uncertainty begins:
1) Whom to issue a notice? Strata does not deal with and identify the tenants, let alone their unruly guests, directly. Can we issue a notice to the owner (landlord) to get his tenants to comply?
2) If a deadline to comply is set in the notice, does it mean that a by-law breaker can keep breaching until the deadline, then go on a good behaviour for some time, and then go back to the old wicked ways until the next notice to comply is issued? And so on. Or one notice effectively means “Do not do that EVER AGAIN, or we apply to NCAT next time without further notices.”
3) And combining the above, if tenants do not care about the notices, and the landlord is not going to evict them, can a landlord be fined through an NCAT order?
Regards, Alex
Hi Alex, great questions. I cover off precisely these questions in one of my webinars “Peaceful Communities” – available to members inside our online community. Have you considered joining us? More info and access here: https://www.yourstrataproperty.com.au/membership
Really interesting podcast Amanda, and even without the depth of the pro podcast I feel better equipped to assess whether the strata blocks I’m involved with are going about by-law enforcement appropriately. It can be pretty intimidating receiving a notice to comply and the assumption would be that the issuing was correct, and even if the resident felt their behaviour reasonable it takes fortitude – or the sort of information you have provided here – to question or challenge it.