Question: At NCAT, the member encouraged us to reach a mediated agreement. We reached an agreement, however, the unit owner is not adhering to what they agreed. How do we get the owner to honour the agreement?
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?
Answer: The Tribunal may make orders to give effect to any agreement or arrangement arising out of a mediation session.
The Tribunal may make orders to give effect to any agreement or arrangement arising out of a mediation session including an order that gives effect to the terms of a written agreement signed during the mediation session by the parties to the mediation. You should now contact a strata lawyer to take the necessary steps to bring the matter before NCAT.
This post appears in Strata News #601.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440