Question: I dug up a plant from common property a few years ago. The council chair claims the plant’s value was $5,000. If the matter goes to SAT, can I be fined?
I dug up a neglected plant from the common property a few years ago. At our recent AGM, the chair raised the issue and estimated the cost of buying, planting, and tending the plant to be about $5,000. They provided no evidence in support of the amount.
Can they take the matter to SAT for a penalty? What would the penalty range be for something like this?
I have apologised to the council in writing for digging up the plant, offering to replace and tend to it until it is mature, but I have not received a response.
Answer: Applying to SAT usually comes after other mediation measures.
The State Administrative Tribunal (SAT), if satisfied that a person has contravened a scheme by-law, may impose a penalty of up to $2,000, as outlined in section 58 of the Strata Titles (General) Regulations 2019. However, it’s important to note that applying to SAT usually comes after other mediation measures.
Typically, when a person breaches a by-law, a strata company’s first formal course of action is to issue a written breach notice. This notice is a crucial initial step in enforcing a by-law. It outlines the specific breach and prescribes a corrective action, e.g. returning or replacing the plant removed from the common area.
It’s also essential to understand that for SAT to consider imposing a penalty, the strata company must provide evidence of the breach and justify the penalty they seek. The $2,000 figure is the maximum for a single breach, and actual penalties can vary based on the specifics of the case.
Complying with the breach notice, such as replacing the dug-up plant, may resolve the issue without further escalation. Your proactive steps, including your written apology and offer to replace and care for the plant, demonstrate responsibility and could positively influence the strata company’s response and potentially SAT’s view of the situation.
Remember, each case is unique, and the process can vary. It’s always beneficial to consult a legal professional familiar with your specific scheme by-laws for personalised advice.
Melanie Duryea B Strata E: scott.bellerby@bstratawa.com.au P: 08 9382 7700