sydney16

We had an issue last year in our building where a lot owner had removed lights from the common property walls on their balcony and bolted a timber fence to the balcony wall. The item was dealt with as a bylaw breach and put through NCAT. The item went to a hearing which was dismissed on a technicality. On appeal the items were again dismissed. The tribunal member even decided that the stock standard by-law against driving nails, screws and attaching things and painting common property was “oppressive” and “unworkable” despite this actually being a model by-law in the NSW legislation… Apparently according to the tribunal member the Owners Corporation was negligent in not painting the building so the owner painting the outside of the building another colour was OK – even though the owner had never asked the Owners Corporation to perform maintenance…. Seems the system is still broken!