This article discusses how a lot owner can challenge an unreasonable strata by-law through NCAT, including whether concerns should first be raised internally and the legal process required under NSW legislation.
Question: I believe one of our bylaw is harsh, unconscionable or unreasonable. As a lot owner, should I apply to NCAT for the Tribunal to decide or should concerns first be raised to the Strata Committee or at a General Meeting?
Answer: The procedure is to make an application for an Order declaring the by-law invalid.
There is nothing to stop the owner from raising their concerns with the strata committee or at a general meeting, however, as you correctly state, the procedure is to make an application under Section 150 of the Strata Schemes Management Act 2015 (NSW)(the “Act”) for an Order declaring the by-law to be invalid (as NCAT has that jurisdiction) and compliance with the mediation requirements under the Act first.
This post appears in Strata News #583.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440