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I know the SSMA provides for a $550 fine for failure to comply with a Notice but can an OC adopt a by law that lists fines, penalties or service charges for various behaviours (eg failing to carry dog on common property)? Are such fines or charges enforceable and through what procedure?
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You can’t impose fines except through NCAT. Some buildings impose “service charges” but they would have to be enshrined in the by-laws and have very clear indications of what the ‘service charge’ was for.
For example, you might get away with a by-law that says any alleged infringement that is later found to have been a breach of the by-law will attract a service charge of $XX for the cost of investigating and pursuing the resident through NCAT.
I stress the word “might” because the kind of antisocial resident who ignores by-laws is also the same breed that will challenge you every step of the way, just to get you to leave them alone in the future.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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