3.10.2 Process | Owners Corporation Network

3.10.2 Process

 

(a) Applying for Mediation;

(b) An application for Strata Schemes Adjudicator’s orders to comply with the by-laws (different from a Notice to Comply) – if mediation does not result in a binding agreement;

(c) An application to enforce the orders if they are granted in favour of the applicant

(d) If the noise and disturbance continues the maximum fine achievable in relation to the successful pursuit of an occupant or owner for transgressions of floor covering by-laws or the noise by-law, or Section 117 of the Act is $550.00. However, that level of fine is virtually never levied and the monies usually go the Office of Fair Trading.

(d) If an application for Strata Schemes Adjudicator’s orders is not successful, then there is the possibility of lodging an appeal against the decision made by the Strata Schemes Adjudicator. The conference reiterated the fact that there is a huge diversity of views and experiences among executive committees, Owners Corporations and lot owners about how occupants of strata schemes (whether owners or otherwise) are affected by noise issues, and particularly noise issues that may be related to hard surface flooring.