When it comes to strata and community living, disputes can arise, whether it's over maintenance issues, by-law violations, or disagreements between residents. When these conflicts escalate and cannot be resolved informally, seeking resolution through legal channels becomes necessary. One such avenue in New South Wales (NSW) is the NSW Civil and Administrative Tribunal (NCAT), which plays a crucial role in adjudicating strata and community issues. In this article, we'll provide an introduction to NCAT, its functions, and how it can help resolve disputes within strata and community schemes.
What is NCAT?
NCAT, the NSW Civil and Administrative Tribunal, is a statutory body established under the NSW Civil and Administrative Tribunal Act 2013. It serves as a forum for resolving disputes across various areas, including strata and community schemes. NCAT operates independently of the court system and provides a streamlined, cost-effective alternative for resolving disputes outside of traditional court proceedings.
Functions of NCAT
NCAT has jurisdiction over a wide range of strata and community-related matters, including but not limited to:
By-law disputes: NCAT can adjudicate disputes related to the interpretation, enforcement, or validity of by-laws within strata and community schemes.
Breach of duties: NCAT can hear cases involving breaches of duties by strata committee members, owners, or occupants, such as failure to maintain common property or comply with scheme by-laws.
Adjudication of disputes: NCAT can resolve disputes between owners, residents, and strata committees arising from issues like noise complaints, parking disputes, or alterations to common property.
Mediation and conciliation: NCAT offers mediation and conciliation services to help parties reach mutually agreeable resolutions without the need for formal hearings.
Orders and enforcement: NCAT has the authority to issue orders to resolve disputes and enforce compliance with its decisions, including orders for repairs, payment of damages, or compliance with scheme by-laws.
💡 Click on the links below for a guide of orders NCAT can make under:
How NCAT Works
Before lodging an application with NCAT, it's essential to note that mediation is mandatory for the majority of strata scheme disputes. Fortunately, NSW Fair Trading offers a mediation service at no cost. However, it's crucial to remember that applications requiring mediation, if submitted without proof of attempted mediation, will be rejected. So, before taking your dispute further, ensure you've explored the mediation route provided by Fair Trading to increase your chances of resolution.
If mediation fails or a party is unwilling to participate in mediation, parties can lodge an application with NCAT to initiate proceedings. NCAT will then assess the application and may offer mediation or conciliation to facilitate settlement. If mediation is unsuccessful or not appropriate, the matter will proceed to a formal hearing before a tribunal member, who will hear evidence from both parties and make a binding decision.
Upon applying to NCAT, your case will be scheduled either for conciliation and hearing or for a directions hearing, depending on the orders you've requested. Both you and the other involved parties will receive a notice of hearing from NCAT, detailing the date, time, and location of the hearing, typically scheduled within 4-6 weeks from the initial application. The owners corporation will serve the application on all other lot owners, so avoid including any confidential information you wish to keep private.
For matters listed for conciliation and hearing, they are grouped together with other cases for efficiency. Parties are encouraged to attempt conciliation before the actual hearing to potentially reach an agreement. Directions hearings are reserved for more intricate strata issues, aiming to define the disputes, establish a timeline for the final hearing, and arrange for evidence exchange.
Parties are encouraged to present their own cases as NCAT Consumer and Commercial Division hearings are run as informally as possible. However, if you require representation, written request needs to be submitted at or before the first hearing.
If resolution isn't achieved during the initial listing, the case proceeds to a contested hearing. NCAT will set a timetable for parties to exchange written evidence with each other and with the Tribunal. Remember, you don't need to submit all evidence with the initial application.
Benefits of NCAT
NCAT offers several advantages for resolving strata and community disputes, including:
Accessibility: NCAT provides a user-friendly process accessible to individuals and corporations involved in strata and community schemes.
Efficiency: NCAT aims to resolve disputes quickly and efficiently, saving time and resources compared to traditional court proceedings.
Expertise: NCAT tribunal members have expertise in strata and community law, ensuring informed decision-making and fair outcomes.
Flexibility: NCAT offers flexible dispute resolution options, including mediation, conciliation, and formal hearings, tailored to the needs of the parties involved.
Applying to NCAT
To apply to NCAT, you'll need to complete the Strata and Community Schemes Application Form and submit it along with the required fee. Make sure to specify the section of the Strata Schemes Management Act 2015 and the orders you're seeking from NCAT. You're allowed to request more than one order if needed.
Additionally, if urgent circumstances require immediate action, you can lodge an interim order application. These applications are typically used to halt certain actions or maintain the current situation until the substantive application is resolved. However, NCAT can only grant interim orders if there are compelling reasons to do so. It's important to note that a separate but related substantive application must be either already lodged or submitted simultaneously with the interim order application. Keep in mind that there's a filing fee associated with the interim order application process.
Expert Guidance
Navigating strata and community disputes can indeed be challenging, but with the expert guidance and support from Compass Strata, the journey becomes much smoother. Whether you're facing complex issues or need assistance with NCAT proceedings, our team is here to provide comprehensive assistance every step of the way. With our expertise and commitment to client satisfaction, we ensure that you're equipped with the resources and guidance needed to effectively address and resolve any challenges that may arise. Trust Compass Strata to be your reliable partner in navigating the intricacies of strata and community disputes and effectively upholding community harmony.
