|
|
此文章由 Martin_2F 原创或转贴，不代表本站立场和观点，版权归 oursteps.com.au 和作者 Martin_2F 所有！转贴必须注明作者、出处和本声明，并保持内容完整
本帖最后由 Martin_2F 于 2016-11-14 00:00 编辑
belanddolly 发表于 2016-11-13 22:42 
你发给我东西我已经看了。目前已经给strata 正式回复了邮件，表明一我们有打算积极采取措施，比如给狗带a ...
另外上NCAT，也不是说一上来就是要判能不能罚款，NCAT要看对方的证据，就算对方的证据充分，还要看strata有没有按规定出notice给你，有没有给你整改的时间，NCAT还可能让双方先接受调解，调解失败，或者一方没有遵循调解的安排，才会考虑罚款（NCAT也要看 没有遵循调解安排的证据）。
这种公寓楼物管纠纷在澳洲实在是太普遍不过的事了，只要自己有理有据，就应该坚决捍卫自己的权利和权益。生活中时常就是有些莫名其妙的人。
本地英文论坛上这种讨论也很多了，可以看看。
There are two ways that an owners corporation can fine you. However, in both cases the fine is paid Director-General (and not to the owners corporation).
The first method is that the owners corporation issue a notice pursuant to section 45 of the Strata Schemes Management Act 1996. The notice basically demands that you comply with a particular by-law of the strata scheme.
The notice must be issued in accordance with a resolution in a general meeting or an executive committee meeting. A strata manager can also issue the notice if they have been delegated the function/authority to do so by resolution of a general meeting.
If the owners corporation then believes that you are still contravening the by-law contained in the notice, then they can apply to the Tribunal for an order that you pay a penalty to the Director-General.
The maximum penalty that the Tribunal can order is $550. But, in addition to this, they can also order that you pay the owners corporation's cost of the proceedings (but only if the Tribunal orders that you pay a penalty to the Director-General).
The second method is that the owners corporation apply for an order by an Adjudicator that you comply with a by-law. However, they must first attempt mediation with you before they can apply for the order. You also get an opportunity to respond and make a submission to the adjudication application. You get about a month's timeframe to respond to the application.
The Adjudicator then may order that you comply with the by-law subject to the adjudication application. The time to make a decision could vary between 4-6 weeks after the submissions deadline closes.
If then the owners corporation believes that you are still in breach of the by-law after the order is made, then they could apply to the Tribunal for an order that you pay a penalty to the Director-General for a breach of the Adjudicator's orders. The maximum penalty in this case is $5500. In addition, you could be ordered to pay the owners corporation's cost of the proceedings if they have ordered that you pay a penalty. |
评分
-
查看全部评分
|
还从没帖过我家的小鸟呢。 (2007-3-15) susan 
都柏林 2011年6月 - -- 来自爱尔兰的问候 --- 和三叶草的心动 (2011-6-16) chermside 
楼主:belanddolly
发表于 2016-11-13 22:15
