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Posted 11 December 2023
Category: Strata
Two commonly used options to enforce by-laws are:
Note:
Option 1 – Notice to comply and penalty proceedings
If the application is dismissed and the Tribunal deems that there are special circumstances warranting an award of costs, the owners corporation could be ordered to pay the owner or occupier’s costs.
The usual steps are set out in the following table.
Steps | Estimate of time |
Resolution from the owners corporation that it is satisfied that there has been a breach of the by-law. For 2 lot schemes, a resolution from the owners corporation is not required. The notice can be issued by the strata managing agent upon the request of the other owner. | Time required for a notice of a strata committee or general meeting.
For 2 lot schemes, the time required to request the notice be issued the strata managing agent. |
Preparation, signing and service of notice to comply which is valid for 12 months after service. A separate notice for each by-law and to each owner or occupier should be issued. | 2 weeks. |
Resolution from the owners corporation that it is satisfied that there has been a breach of the notice to comply and that it will commence proceedings in the Tribunal. | Time required for a notice of a strata committee or general meeting. |
Complete and file application for a penalty. | No time limit. |
Tribunal serves application on all parties.
|
1 –2 weeks. |
Directions and/or hearing (if it can’t be dealt with, within 30 – 45 minutes it will normally be treated as a directions hearing). | 4 –6 weeks. |
Compliance with directions. | As per agreed timetable. |
Further directions hearing. | As required. |
Hearing. | As set by the Tribunal. |
TOTAL OF ALL THESE STEPS | Usually, completed within 4 to 6 months, however, potentially longer depending on the conduct of the parties. |
Option 2 – Orders to comply with by-laws
The usual steps involved in this option are set out in the following table:
Steps | Estimate of time |
Resolution from the owners corporation that it is satisfied that there has been a breach of the by-law and that it wants to attempt mediation. | Time required for a notice of a strata committee or general meeting. |
File application for mediation at the Office of Fair Trading. | Time required for a notice of a strata committee or general meeting. |
Office of Fair Trading advises of application being made and tentative time for mediation. | 1-2 weeks. |
Mediation conducted. | 4 weeks. |
Mediator issues letter regarding mediation. | 2–5 days. |
Complete and file application for Tribunal’s orders. | No time limit. |
Tribunal serves application on all parties. | 1–2 weeks. |
Tribunal gives both parties time to file written submissions and evidence. | 3–4 weeks (subject to further extensions being granted). |
Parties file submissions. | By close of submission period. |
Tribunal issues orders. | 4 –8 weeks depending on workload. |
Time limit to appeal and/or stay against Tribunal’s orders. | 28 days of when notified by the orders. |
Complete and file application for a penalty. | No time limit. |
Directions hearing. | 4 weeks. |
Compliance with directions. | As per agreed timetable. |
Hearing. | As set by the Tribunal and the parties. |
TOTAL OF ALL THESE STEPS | Usually, somewhere between 8 to 12, months but could take even longer depending on the conduct of the parties. |
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.