Enforcing by-laws is difficult under the current Act.
State Administrative Tribunal can only impose a penalty if the by-law specifically states that a penalty applies. Before State Administrative Tribunal will order a penalty be imposed the Strata Company must show that the owner has been willfully and persistently breaching the by-law.
The reforms will give State Administrative Tribunal the power to:
omake an order imposing a penalty for breach of any by-law (whether or not that by-law specifies a penalty for breach)
omake an order that the person who breached the by-law must act to:
stop breaching the by-law; or
fix the breach of the by-law.
The Strata Company, owners and occupiers can apply to the State Administrative Tribunal for an order to enforce a by-law (including an order that a penalty be paid).
If the State Administrative Tribunal finds that:
othe breach of the by-law is serious or
othe by-law has been breached on three (3) occasions or
othe Strata Company served notice notifying the person they have breached a by-law and then the same by-law is breached again
State Administrative Tribunal can order the person who breached the by-law to pay a penalty to the Strata Company.