Question: Is there a guideline on how to complete an application for NCAT? How do we determine which sections need to be applied under? For an application dealing with a notice to comply, do we need to identify which sections have been breached?
Answer: You do need to identify the sections that have been breached, and you need to be able to prove the breach has occurred.
Even strata managers find that NCAT applications are sometimes tricky. You do need to identify the section. Both NCAT and Fair Trading have a helpline and should be able to assist.
You do need to identify the sections that have been breached, and you need to be able to prove the breach has occurred. The NCAT doesn’t care about things like “my opinion is this….” or “this happened….”, for example, if you think you’ve got mould, you need a mould report. You might be able to take some photos and say the mould needs to be removed, but you’re probably going to need to provide genuine evidence if you’re going to the NCAT. You need to think about what outcomes you want.
I’ll give you an example. Let’s say you’ve got water ingress from the ceiling into your apartment, and you’ve written to strata. Months have passed and you’ve now got mould. You would need to apply for an order under Section 106 to repair and maintain common property for the owners corporation to identify the cause of the water leak into your apartment, and to repair it. You need to have evidence, but you need to probably speak to Fair Trading about how you should fill in the application form because they’re not straightforward. If there is a significant amount of money involved, say $1000s of dollars or more, I would suggest that you make the investment and retain a lawyer, because the lawyer knows exactly what to do.
This post appears in the August 2022 edition of The NSW Strata Magazine.
Rod Smith
The Strata Collective
E: rsmith@thestratacollective.com.au
P: 02 9879 3547
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