Apartment residents are increasingly becoming victims of bullying owners corporations as a result of the NSW government’s two-year failure to plug a loophole in strata law – making it a “toothless tiger”, critics say.
Strata lawyer Samantha Saw of Speirs Ryan is the latest to slam an oversight in the 2016 legislation that leaves the NSW Civil and Administrative Tribunal, the body that rules in strata disputes, with no power to enforce its own orders.
“This hurts the little people who are coming up against an obstinate or bullying owners corporation or strata committee run by a select few because they see themselves as impervious to any penalty against them,” she said. “It was an oversight, an unintended consequence of the new legislation and we’d like to see this changed urgently, particularly since it was a system introduced that was so concerned to be all about fairness.
“Instead, it leaves us in a bit of a no-man’s land in strata disputes because it negates the value of obtaining an NCAT order since there are no penalties if it’s not abided by, and leaves the law as a toothless tiger.”