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What is the way to enforce a by-law?

Posted 20 May 2024

Category: By-Laws, eBooks

Two commonly used options to enforce by-laws are:

  • Owners corporations can issue a notice to comply under section 146 of the Strata Schemes Management Act 2015 followed by a penalty application for proceedings in the NSW Civil and Administrative Tribunal. The penalty range is $1,100 to $11,000 depending on the type of by-law and weather there is a repeated breach. The penalty is payable to the owners corporation.
  • Alternatively, owners corporations or owners can seek mediation at Fair Trading to reach agreement and if a suitable agreement cannot be reached an application for orders to prevent breach in NSW Civil and Administrative Tribunal.
  • Where urgent considerations apply owners corporations apply or owners can seek interim orders like an injunction can be applied for in the NSW Civil and Administrative Tribunal.
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This is an extract from our Bannermans By-Laws FAQ eBook.

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Bannermans Lawyers

Published 20 May 2024