Strata schemes orders

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.

Meetings and decisions of owners corporation

Section Orders Information required Mediation
17

To require original owner to provide things to owners corporation

Who can apply?
Owners corporation

  • Attach evidence of attempted mediation
  • Provide details of the things not provided to the owners corporation that the developer was required to provide under section 16 of the Act
Yes
20

To require meeting to be held

Who can apply?
Owner
Owners corporation
Mortgagee 

  • Attach evidence of attempted mediation
  • Provide details about the failure to hold a meeting
  • Provide details of the person who has consented to convening the meeting
Yes
24

To invalidate resolution or election of the owners corporation

Who can apply?
Owner
First mortgagee of lot

  • Attach evidence of attempted mediation
  • Describe what resolutions you want invalidated and why
  • Describe why an election should be invalidated
  • Evidence includes copies of relevant minutes
Yes
25

To nullify resolution of owners corporation on ground that person was denied vote or notice was not given

Who can apply?
Person entitled to vote on resolution

  • Attach evidence of attempted mediation
  • Describe the circumstances which led to you being improperly denied a vote on the motion, or not being given due notice of the item of business and your entitlement to vote for or against the motion
  • Evidence includes copies of the resolution you want nullified and copies of minutes of meetings
Yes
48

To require meeting to be held if no officers or strata committee after first AGM

Who can apply?
Owner
Mortgagee
Covenant chargee

  • Attach evidence of attempted mediation
  • Provide details about the failure to hold a meeting
  • Provide details of the person who has consented to convening the meeting
Yes

Covenants and other restrictions

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?
Owners corporation
Original owner
Owners corporation
Original owner
Owner

Evidence includes:

  • Copy of the plan of subdivision
  • Where appropriate evidence that the applicant is the original owner
  • Name and address of each lot owner
  • Name and address of any registered mortgagee, enrolled mortgagee and/or covenant chargee
No
234

To comply with an obligation imposed by a positive covenant

Who can apply?
An authority having benefit of positive covenant

  • Attach evidence of attempted mediation
  • Describe what positive covenant applies and how the owners corporation has failed to comply with the obligations.
  • State if you have been refused an injunction under section 88H Conveyancing Act 1919
Yes
235(1)

To refrain from breaching a restriction on the use of a utility lot

Who can apply?
Owners corporation
Lessor of leasehold strata scheme
Owner
Occupier of lot

  • Attach evidence of attempted mediation
  • Attach a copy of the relevant restriction
  • Give details of the restriction imposed on the use of the lot
  • Describe how the restriction has been breached 
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?
Relevant local council

  • Attach evidence of attempted mediation
  • Attach a copy of the relevant restriction
  • Give details of the restriction imposed on the use of the lot
  • Describe how the restriction has been breached
Yes

Strata managing agents and building managers

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?
Owners corporation

  • Attach evidence of attempted mediation
  • Evidence include detailed information about why the termination of the agreement is sought 
Yes
237

To appoint a compulsory strata managing agent

Who can apply?
Person who obtained order under this Act that imposed duty on owners corporation or office holder that has not been complied with;
Person having estate or interest in lot or, in case of leasehold strata scheme, lease of lot;
Authority having benefit of positive covenant that imposes duty on owners corporation;
Judgment creditor to whom owners corporation owes judgment debt

  • Describe how the management structure is not functioning satisfactorily

OR

  • Provide evidence of the owners corporation’s failure to comply with an NCAT order or failure to perform one or more of its duties

OR

  • Provide evidence of the owners corporation’s judgment debt
  •  What functions do you want the agent to have and exercise?
  • Attach written consent from a managing agent listing their terms, conditions, fee and licence under the Property Stock Agents Act 2002
No

Contributions and funds

Section Orders Information required Mediation
77

To allocate payment of surplus money

Who can apply?
Owners corporation
Covenant chargee
OwnerMortgagee

  • Attach evidence of attempted mediation
  • Evidence includes copies of relevant minutes and the strata plan
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?
Owners corporation
Lessor of leasehold strata scheme
Owner
Mortgagee in possession

  •  Attach evidence of attempted mediation
  • Provide details of the use of the lot and the insurance premium
  • Describe why the lot owner’s refusal to pay the extra amount of the insurance premium is unreasonable
Yes
85

To prevent owners corporation charging interest for late payment of contribution

Who can apply?
Owner

  • Attach evidence of attempted mediation, copies
  • Describe why the owners corporation should reasonably have determined not to charge interest
  • Evidence includes copies of levy notices and details of interest
Yes
86

To recover unpaid contributions and interest

Who can apply?
Owners corporation

  • Note: You cannot apply under this section about unpaid levies unless other orders under the Act are also sought
  • Evidence includes copies of levy notices, details of interest and reasonable expense
No
87

To alter amount of contributions, or manner of payment of contributions

Who can apply?
Owners corporation
Lessor of leasehold strata scheme
Owner
Mortgagee in possession

  • Attach evidence of attempted mediation
  • Describe why the levy should be a different amount and what the amount should be
  • Provide the date the levy was decided and the last day for payment
  • Describe how the levy should be paid (you should provide sufficient details to enable an understanding of your budgets and levies)
  • Evidence includes the estimates and minutes of meetings where the levy was decided
Yes
89

To require original owner to compensate for inadequate estimates/contributions

Who can apply?
Owners corporation
Owner

  • Attach evidence of attempted mediation
  • Time limit: Application must be made no later than 3 years after the end of the initial period
Yes
90

To pay contributions for legal costs awarded in proceedings between owners or owners corporation

Who can apply?
Owners corporation
Owner

  • Attach evidence of attempted mediation
Yes

Property

Section Orders Information required Mediation
124

To require occupier of a lot to allow owners corporation to enter the lot

Who can apply?
Owners

  • Note: Entry must be required to do work that the owners corporation is obliged to carry out, to see if such work is necessary, or to carry out inspections in accordance with the Act.
  • Describe why entry to the lot is requiredand if consent has been refused
  • Evidence includes a copy of minutes of relevant meetings or correspondence requesting entry to the lot and any other relevant correspondence 
No
126

To get consent to existing or proposed alterations or repair of common property

Who can apply?
Owners
Lessor of leasehold strata scheme

  • Attach evidence of attempted mediation
  • Describe alterations or repairs that have been unreasonably refused
  • Give the date you asked for the approval and the date the owners corporation refused your proposal
  • Evidence includes any relevant registered by-laws, copy of the minutes of the meeting, copy of your request, and owner’s corporation’s refusal
Yes
127

To declare work to be cosmetic work or minor renovation

Who can apply?
Owner

  • Attach evidence of attempted mediation
  • Describe work to be done including quotes
Yes
128

To direct owner to lodge documents under section 19 of the Strata Schemes Development Act 2015

Who can apply?
Owners corporation
Owner
Lessor of leasehold strata scheme

  • Attach evidence of attempted mediation
  • Describe the documents (plan and certificate) and how the owner failed to comply with section 19 Strata Schemes Development Act 2015
Yes
129(1)

To require the owners corporation to carry out window safety device function

Who can apply?
Interested person (other than owners corporation)

  • Attach evidence of attempted mediation
  • Evidence includes photos and quotes
Yes
129(3)

To require owner to comply with window safety device legislation

Who can apply?
Owners corporation

  • Attach evidence of attempted mediation
  • Evidence includes photos and quotes
Yes
130(1)

To require owners corporation to sell/dispose of personal property or to prevent owners corporation acquiring personal property

Who can apply?
Owner

  • Attach evidence of attempted mediation
  • Describe what and why the property of owners corporation should be sold or disposed of
  • Give the date the property was bought and the cost
  • Provide details of any resolution made
  • Evidence includes any relevant registered by-laws, copy of the minutes of the meeting, copy of your request, and the owners corporation’s response
Yes
130(2)

To require owners corporation to acquire personal property

Who can apply?
Owner

  • Attach evidence of attempted mediation
  • Describe why the owners corporation should acquire the personal property
  • Give details of any resolution made and the cost of the property.
  • Evidence includes a copy of your requestand the owners corporation’s response


Yes
131

To use specified common property for specified purposes

Who can apply?
Owner

  • Attach evidence of attempted mediation
  • Describe what part of common property is involved and why you require use of it
  • Evidence includes a copy of your request and the owners corporation’s response
Yes
132

To require owner or occupier to repair damage or compensate for damage

Who can apply?
Owners corporation

  • Attach evidence of attempted mediation
  • Evidence includes (photos, strata minutes, quotes) of the damage and costs to repair
Yes
236

To reallocate unit entitlements

Who can apply?
Owners corporation
Lessor of leasehold strata scheme
Owner of lot (whether or not a development lot)
Local council

  • Note: Any ancillary orders under this section should be sought at the time of making an application
  • Detail how and why you want the unit entitlements reallocated. If the strata plan is subdivided give lot number affected and all strata plan numbers

Evidence includes:

  • A valuation certificate from a qualified valuer giving the value of each of the lots at the time the strata scheme was registered or immediately after the change in permitted land use
  • A copy of the certificate of title or a copy of the registered strata plan that shows the present unit entitlements
  • Note: The certificate must be given by a person who is a qualified valuer within the meaning of the Strata Schemes Development Act 2015
No

By-laws

Section Orders Information required Mediation
148

To revoke amendment to by-laws, revive repealed by-law, or repeal new by-law

Who can apply?
Person entitled to vote on motion relating to new by-law
Lessor of leasehold strata scheme

  • Attach evidence of attempted mediation
  • Evidence includes a copy of relevant minutes, meetings, correspondence requesting change to by-law
Yes
149

To change by-law conferring exclusive rights or privileges over common property

Who can apply?
Owner
Owners corporation
Lessor of leasehold strata scheme
Interested person 

  • Attach evidence of attempted mediation
  • If Owner: Provide details of your request to the owners corporation to make exclusive use of the by-law; the response from the owners corporation; minutes of the meeting where the motion was lost; why the refusal was unreasonable
  • If Owners Corporation: Provide details of your request to an owner/lessor of a leasehold strata scheme to consent to a proposed by-law or proposed changes to repeal of a by-law, their response, and why the refusal to consent is unreasonable
  • If Interested Person: Provide details of what is unjust in the by-law about the maintenance or upkeep of any common property
  • Evidence includes a copy of the strata plan, minutes of meetings, documents in support of request for by-law/ repeal/ amendment, owner's lessor's consent to making of the by-law
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?
Person entitled to vote on motion relating to the by-law
Lessor of leasehold strata scheme

  • Attach evidence of attempted mediation
  • Does the by-law conflict with the legislation? If yes, describe how
Yes

Keeping of animals

Section Orders Information required Mediation
156

To require the removal of an animal kept not permitted under the by-laws

Who can apply?
Interested person

  •  Attach evidence of attempted mediation

Evidence includes:

  • Details of the owners corporation’s resolution for removal of the animal (if this has happened) and whether the person keeping the animal was told about the resolution
  • A copy of any registered by-law
Yes
157

To allow person to keep animal on the lot

Who can apply?
Owner
Occupier (with consent of owner)

  • Attach evidence of attempted mediation

Evidence includes:

  •  A copy of your request to the owners corporation
  • Any other documents provided to the owners corporation and
  • Any minutes of a meeting/correspondence where the owners corporation refused to approve keeping the animal

Yes
158

To stop a nuisance, hazard or unreasonable interference caused by an animal

Who can apply?Interested person

  • Attach evidence of attempted mediation

Evidence includes:

  • Details of the owners corporation’s resolution approving keeping of the animal
  • A statement about how the animal is causing a nuisance, danger or interference with the use and enjoyment of another lot or common property
  • Copies of any registered by-law about keeping animals and relevant minutes of owners corporation meetings
Yes

Insurance

Section Orders Information required Mediation
162

To adjust proportion of insurance premium to be paid

Who can apply?
Person liable to pay premium

  • Attach evidence of attempted mediation
Yes
172

To exempt from requirement to insure

Who can apply?
Person required to insure

  • Attach evidence of attempted mediation 
  • Evidence includes copies of any minutes and correspondence including evidence of unanimous resolution


Yes
174

To require person to make or pursue insurance claim

Who can apply?
Owner
Lessor of a leasehold strata scheme
Sublessee in a leasehold strata scheme
Person in whom is vested an estate in fee simple or a leasehold estate (in case where part of building is included in part strata parcel) of part of building not included in part strata parcel

  • Attach evidence of attempted mediation
Yes
175

To require insurance to be taken out

Who can apply?

Owner
Enrolled mortgagee or person having interest in lot
Lessor of leasehold strata scheme
Sublessee of common property in a leasehold strata scheme
Person in whom is vested an estate in fee simple or a leasehold estate (in case where part of building is included in part strata parcel) of part of building not included in part strata parcel
Authority having benefit of a positive covenant affecting building site

  • Attach evidence of attempted mediation
  • Note: This section is about an order to take out insurance for a specified amount or the proportions in which the premiums should be paid.
  • Specify by whom the insurance is to be taken out or varied
  • If the building concerned contains a stratum parcel, specify the proportion in which the premium is to be paid
  • Evidence includes copies of any relevant policies, minutes and correspondence
Yes

Records of owners corporation

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?
Owners corporation
Owner
Other person having or acquiring an estate or interest in a lot

  • Attach evidence of attempted mediation
  • Provide details of information you want on the strata roll
  • Evidence includes copies of any request for confirmation of the notice made by the Secretary and any reply to the request
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?
Person entitled to inspect records or documents

  • Provide details of the information you require and your entitlement to the information
  • Evidence includes copies of your request for the supply of information and the refusal 
No

Defective building work

Section Orders Information required Mediation
211(1)

To permit access to a lot for inspection or building work

Who can apply?
Owners corporation
Developer
Building inspector
Person entitled to enter

  • Attach evidence of attempted mediation
  • Describe why access/repair to the lot is required and if access/repair has been refused
  • Evidence includes a copy of relevant minutes, meetings, correspondence requesting access/repair
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?
Owners corporation
Developer
Secretary

  • Attach evidence of attempted mediation 
  • Evidence includes occupation certificate and all applicable contracts
Yes

General orders for settlement of disputes

Section Orders Information required Mediation
232

To resolve disputes or settle complaints

Who can apply?
Interested person
Original owner
Building manager 

  • Attach evidence of attempted mediation
  •  Note: This is the general power of the Tribunal to settle a dispute or complaint about the operation, administration or management of a strata scheme, or functions conferred or imposed

Examples of general disputes or complaints:

  • Management of administrative and sinking funds
  • Holding meetings in accordance with the Act
  • Interference with support of shelter or essential services
  • Repairs to common property
  • Compliance with by-laws
  • Causing a nuisance or hazard
  • Interference with the use or enjoyment of common property
  • Failure to provide documents
  • Damages for contravention of duty to maintain common property and keep in a state of good and serviceable repair
Yes
233

To resolve a dispute between neighbouring (contiguous) strata schemes

Who can apply?
Owners corporation

  • Attach evidence of attempted mediation
Yes

Strata committee

Section Orders Information required Mediation
238

To remove person from strata committee
or
To remove person from office
or
To prohibit strata committee from determining a matter

Who can apply?
Interested person

  • Attach evidence of attempted mediation
  • Explain why you think the person should be removed from the strata committee or why the strata committee should be prohibited from determining a matter
Yes

Mediation session agreement

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?
Owners corporation
Persons who are parties to mediation

  • Attach evidence of mediation
  • Attach a copy of the written agreement signed by parties
  • Explain why the Tribunal should make orders in the terms of the mediation agreement
Yes

Penalty

Section Orders Information required Mediation
147

To impose monetary penalty for contravention of a by-law

Who can apply?
Owners corporation

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

  • Attach a copy of the relevant resolution of the owners corporation or executive committee and the Notice to Comply with a by-law
  • Evidence includes a statement detailing the breach that justified the giving of the Notice to Comply; the authority to give the Notice to Comply; the contravention that justified the application
  • The dates and times on which the contravention occurred
  • A description of the activities which amount to the contravention
  • Note: Evidence must be in the form a statutory declaration, affidavit or expert report as appropriate, as the rules of evidence apply in penalty proceedings
No
247A

To impose a civil penalty for contravention of Tribunal orders

Who can apply?
Owners corporation
Owner or other person with an interest in a lot in the strata scheme
A party to the mediation if the Tribunal order is one which give effect to an agreement arising out of a mediation session

  • Attach the Tribunal order that was contravened
  • Evidence includes a statement of the contravention including dates and description of activities
  • Note: Evidence must be in the form a statutory declaration, affidavit or expert report as appropriate, as the rules of evidence apply in penalty proceedings
No

Interim orders

Section Orders Information required Mediation
231 

To grant, revoke or renew an interim order

Who can apply?
Party to the substantive application

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
Last updated:

19 Nov 2023

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