When a Unit Owner Breaches an NCAT-Mediated Agreement: What Can the Strata Committee Do?

By admin,

I am On the Strata committee. We went to NCAT and finally to the court to get an order against an owner in our complex.

The member encouraged us to reach a mediated agreement. He was reluctant to give an order. We reached agreement, however, the unit owner is not adhering to what they agreed and the owner now wants the Strata to do what we said we would do. What options do we have to get the owner to honour the mediated agreement?

Can Owners Stop a Strata Manager Representing the Owners Corporation at Fair Trading Mediation?

By admin,
Without any consultation with the owners corporation, the office bearers of our strata committee appointed our strata manager as the main representative of the owners corporation. Most owners don't have confidence in the strata manager and seriously question their impartiality. Can owners prevent the strata manager from representing the owners corporation for a mediation session run by Fair Trading?

Can Lot Owners Get Insurance to Cover Legal Fees in Strata Disputes with Owners Corporations?

By admin,

I am a lot owner in a strata scheme of 13 lots. I had to file an application with NCAT. The building insurance covered the legal costs for the owners corporation. As a lot owner, I had to pay all legal fees myself. This made the application process and multiple court hearings at NCAT impossible to afford.

Do Non-Smokers Have Any Real Protection from Smoke Drift in Strata Living?

By admin,

Neighbours in my multi unit complex smoke on the balcony resulting in smoke drift through my window and directly into a room I share with two babies. The smoke drift comes into every room including the kitchen.

The laws should seriously change to stop people in multi unit dwellings smoking on their balconies as they are forcing their toxic smoke onto neighbours. We have tried talking to the neighbours and the on-site manager.

Should Expert Evidence Be Used to Prove Smoke Drift Nuisance in Queensland Strata Cases?

By admin,

Our By-Laws were recently updated for us by a strata lawyer, and they provide that an owner or occupier must not smoke, or permit a visitor to smoke, in their lot if it unreasonably interferes with the use or enjoyment of another person in a lot or common property.

We understand in Queensland, the Adjudicators have consistently refused to order an owner/occupier to ‘cease and desist’ smoking in their own lots, even on their balconies, because the complainants had failed to prove their case, ie unlawful nuisance.

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