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What is the way to enforce a by-law?

Posted 19 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.

To access more FAQ'S on By-Laws fill in the below form to download our Bannermans By-Laws FAQ eBook for free.

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Bannermans Lawyers

Published 19 May 2024

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