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List of orders NCAT can make under the Strata Schemes Management Act 2015 (NSW).
If you are applying to NCAT you must quote the section of the Act that you issue falls under. Write the section number in the orders section of the application form. You may also have to provide supporting documents as part of your application.
If you have received a notice of hearing, the section numbers may help you understand why you have been taken to NCAT and learn the types of supporting documents you should gather.
For orders requiring mediation, you must attempt strata mediation with NSW Fair Trading before applying to NCAT.
Section | Orders | Information required | Mediation |
---|---|---|---|
17 | To require original owner to provide things to owners corporation Who can apply? |
|
Yes |
20 | To require meeting to be held Who can apply? |
|
Yes |
24 | To invalidate resolution or election of the owners corporation Who can apply? |
|
Yes |
25 | To nullify resolution of owners corporation on ground that person was denied vote or notice was not given Who can apply? |
|
Yes |
48 | To require meeting to be held if no officers or strata committee after first AGM Who can apply? |
|
Yes |
Section | Orders | Information required | Mediation |
---|---|---|---|
27 |
To waive, vary or extinguish restriction relating to initial period or to authorise any matter to be done in relation to the waiving, varying or extinguishing of such a restriction Who can apply? |
Evidence includes:
|
No |
234 | To comply with an obligation imposed by a positive covenant Who can apply? |
|
Yes |
235(1) | To refrain from breaching a restriction on the use of a utility lot Who can apply? |
|
Yes |
235(2) | To refrain from breaching a restriction of the use of a utility lot within the area of a local council Who can apply? |
|
Yes |
Section | Orders | Information required | Mediation |
---|---|---|---|
72 | To terminate strata managing agent or building manager agreement or make an order about an agreement Who can apply? |
|
Yes |
237 | To appoint a compulsory strata managing agent Who can apply? |
OR
OR
|
No |
Section | Orders | Information required | Mediation |
---|---|---|---|
77 | To allocate payment of surplus money Who can apply? |
|
Yes |
82 | To alter amount of contributions if the use of a lot causes a strata scheme’s insurance premium to be greater than it would be if the lot were not put to that use and the lot’s owner has refused to pay the extra amount of the premium Who can apply? |
|
Yes |
85 | To prevent owners corporation charging interest for late payment of contribution Who can apply? |
|
Yes |
86 | To recover unpaid contributions and interest Who can apply? |
|
No |
87 | To alter amount of contributions, or manner of payment of contributions Who can apply? |
|
Yes |
89 | To require original owner to compensate for inadequate estimates/contributions Who can apply? |
|
Yes |
90 | To pay contributions for legal costs awarded in proceedings between owners or owners corporation Who can apply? |
|
Yes |
Section | Orders | Information required | Mediation |
---|---|---|---|
124 | To require occupier of a lot to allow owners corporation to enter the lot Who can apply? |
|
No |
126 | To get consent to existing or proposed alterations or repair of common property Who can apply? |
|
Yes |
127 | To declare work to be cosmetic work or minor renovation Who can apply? |
|
Yes |
128 | To direct owner to lodge documents under section 19 of the Strata Schemes Development Act 2015 Who can apply? |
|
Yes |
129(1) | To require the owners corporation to carry out window safety device function Who can apply? |
|
Yes |
129(3) | To require owner to comply with window safety device legislation Who can apply? |
|
Yes |
130(1) | To require owners corporation to sell/dispose of personal property or to prevent owners corporation acquiring personal property Who can apply? |
|
Yes |
130(2) | To require owners corporation to acquire personal property Who can apply? |
|
Yes |
131 | To use specified common property for specified purposes Who can apply? |
|
Yes |
132 | To require owner or occupier to repair damage or compensate for damage Who can apply? |
|
Yes |
236 | To reallocate unit entitlements Who can apply? |
Evidence includes:
|
No |
Section | Orders | Information required | Mediation |
---|---|---|---|
148 | To revoke amendment to by-laws, revive repealed by-law, or repeal new by-law Who can apply? |
|
Yes |
149 | To change by-law conferring exclusive rights or privileges over common property Who can apply? |
|
Yes |
150 | To invalidate a by-law because the owners corporation did not have power to make it or that a by-law is harsh, unconscionable or oppressive Who can apply? |
|
Yes |
Section | Orders | Information required | Mediation |
---|---|---|---|
156 | To require the removal of an animal kept not permitted under the by-laws Who can apply? |
Evidence includes:
|
Yes |
157 | To allow person to keep animal on the lot Who can apply? |
Evidence includes:
|
Yes |
158 | To stop a nuisance, hazard or unreasonable interference caused by an animal Who can apply?Interested person |
Evidence includes:
|
Yes |
Section | Orders | Information required | Mediation |
---|---|---|---|
162 | To adjust proportion of insurance premium to be paid Who can apply? |
|
Yes |
172 | To exempt from requirement to insure Who can apply? |
|
Yes |
174 | To require person to make or pursue insurance claim Who can apply? |
|
Yes |
175 | To require insurance to be taken out Who can apply? Owner |
|
Yes |
Section | Orders | Information required | Mediation |
---|---|---|---|
187 | To require the owners corporation to enter information contained in a strata interest notice in the strata roll if a person fails to provide the required written confirmation of the notice Who can apply? |
|
Yes |
188 | To require the owners corporation, strata managing agent, officer or former strata managing agent to supply records or documents for inspection Who can apply? |
|
No |
Section | Orders | Information required | Mediation |
---|---|---|---|
211(1) | To permit access to a lot for inspection or building work Who can apply? |
|
Yes |
211(3) | To specify contract price of the building work for the purpose only of determining the amount of a building bond Who can apply? |
|
Yes |
Section | Orders | Information required | Mediation |
---|---|---|---|
232 | To resolve disputes or settle complaints Who can apply? |
Examples of general disputes or complaints:
|
Yes |
233 | To resolve a dispute between neighbouring (contiguous) strata schemes Who can apply? |
|
Yes |
Section | Orders | Information required | Mediation |
---|---|---|---|
238 | To remove person from strata committee Who can apply? |
|
Yes |
Section | Orders | Information required | Mediation |
---|---|---|---|
230 | To make orders to give effect to the written agreement signed by parties during a mediation session Who can apply? |
|
Yes |
Section | Orders | Information required | Mediation |
---|---|---|---|
147 | To impose monetary penalty for contravention of a by-law Who can apply? Time limit: Application must be made within 12 months after the Notice to Comply with a by-law was given OR Application must be made within 12 months after the Tribunal had imposed a monetary penalty on the person for a previous breach of the by-law |
|
No |
247A | To impose a civil penalty for contravention of Tribunal orders Who can apply? |
|
No |
Section | Orders | Information required | Mediation |
---|---|---|---|
231 | To grant, revoke or renew an interim order Who can apply? |
Describe the urgent considerations that warrant the making of an interim order to stop the actions of a party or to preserve the current state until the substantive application is decided | No |
29 Jul 2024
We acknowledge the traditional owners and custodians of the land on which we work and we pay respect to the Elders, past, present and future.