Strata Applications for Tribunal Orders

NCAT Strata Applications – Disputes and Tribunal Powers

The NSW Civil and Administrative Tribunal (Tribunal) has power to make orders to settle complaints and disputes about certain matters relating to the operation and management of a strata scheme in New South Wales. The Strata Schemes Management Act 2015 contains general provisions about the powers of the Tribunal and some other order-making powers of the Tribunal. The following Table describes the types of orders that the Tribunal may make and who may apply for them.

Table of NCAT Orders

To do what?	Who may apply?	Section
Orders relating to meetings and decisions of owners corporation
To require original owner to provide things to owners corporation	Owners corporation	17
To require meeting to be held	Owner Owners corporation Mortgagee	20
To invalidate resolution or election	Owner First mortgagee of lot	24
To nullify resolution of owners corporation on ground that person was denied vote or notice was not given	Person entitled to vote on resolution	25
To require meeting to be held if no officers or committee after first AGM	Owner Mortgagee Covenant chargee	48
Orders relating to covenants and other restrictions
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	Owners corporation Original owner Owner	27
To comply with obligation imposed by positive covenant	Authority having benefit of positive covenant	234
To refrain from breaching restriction on use of utility lot	Owners corporation Lessor of leasehold strata scheme Owner Occupier of lot	235
To refrain from breaching restriction on use of utility lot within area of local council	Relevant local council	235
Orders relating to strata managing agents and building managers
To terminate strata managing agent or building manager agreement or make other order about an agreement	Owners corporation	72
To appoint strata managing agent	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 the 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	237
Orders relating to contributions and funds
To allocate payment of surplus money	Owners corporation Covenant chargee Owner Mortgagee	77
To alter amount of contributions	Owners corporation Lessor of leasehold strata scheme Owner Mortgagee in possession	82
To prevent owners corporation charging interest for late payment of contribution	Owner	85
To require original owner to compensate for inadequate estimates/contributions	Owners corporation Owner	89
Orders relating to property
To require occupier of lot to allow owners corporation to enter lot	Owners corporation	124
To get consent to existing or proposed alterations or repair of common property	Lessor of leasehold strata scheme Owner	126
To declare work to be cosmetic work or minor renovation	Owner	127
To direct owner to lodge documents under section 19 of Strata Schemes Development Act 2015	Owners corporation Lessor of leasehold strata scheme Owner	128
To require owner to comply with window safety device obligation	Owners corporation	129
To require owners corporation to carry out window safety device function	Interested person (other than owners corporation)	129
To require owners corporation to dispose of personal property	Owner	130
To prevent owners corporation acquiring personal property	Owner	130
To require owners corporation to acquire personal property	Owner	130
To use specified common property for specified purposes	Owner	131
To require owner or occupier to repair damage or compensate for damage	Owners corporation	132
To reallocate unit entitlements	Owners corporation Lessor of leasehold strata scheme Owner of lot (whether or not development lot) Local council Public authority or statutory body representing the Crown, that is empowered to impose a rate, tax or other charge by reference to a valuation of land	236
Orders relating to by-laws
To revoke amendment to by-laws, revive repealed by-law or repeal new by-law	Person entitled to vote on motion relating to by-law Lessor of leasehold strata scheme	148
To change by-law conferring exclusive rights or privileges over common property	Owners corporation Lessor of leasehold strata scheme Owner Interested person	149
To invalidate by-law	Person entitled to vote on motion relating to by-law Lessor of leasehold strata scheme	150
Order relating to keeping of animals
To require removal of animal wrongly kept on lot	Interested person	156
To allow person to keep animal on lot	Owner Occupier	157
To remove animal causing nuisance or hazard	Interested person	158
To terminate nuisance, hazard or unreasonable nuisance caused by animal	Interested person	158
Orders relating to insurance
To adjust proportion of insurance premium to be paid	Person liable to pay premium	162
To exempt from requirement to insure	Person required to insure	172
To require person to make or pursue insurance claim	Owner Lessor of a leasehold strata scheme Sublessee in a leasehold strata scheme Person in whom is vested 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	174
To require insurance to be taken out	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 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 or site	175
Orders relating to records of owners corporation
To allow owners corporation to enter information on strata roll	Owners corporation Owner Person having or acquiring estate or interest in lot	187
To require owners corporation, strata managing agent or office holder to supply records or documents for inspection	Person entitled to inspect records or documents	188
Orders relating to defective building work
To permit access to lot for inspection or building work	Owners corporation Developer Building inspector Person entitled to enter Secretary	211
To specify contract price	Owners corporation Developer Secretary	211
General orders for settlement of disputes
To resolve dispute or complaint	Interested person Original owner Building manager	232
To resolve dispute between contiguous strata schemes	Owners corporation	233
Orders relating to strata committee
To remove person from strata committee	Interested person	238
To remove person from office	Interested person	238
To prohibit strata committee from determining a matter	Interested person	238

Citation of Source: This Table is reproduced in Part 12 of the Strata Schemes Management Act 2015.

Pobi Lawyers regularly bring claims and defend owners corporations and lot owners in strata disputes in the Tribunal. If you need specialist advice to prepare, run or defend your strata application in the Tribunal, the team of specialist strata lawyers at Pobi Lawyers are ready to assist you.

Disclaimer: This Table and commentary is published by Pobi Lawyers for general information purposes only and should not be relied upon as specific legal advice. You should obtain your own legal advice specific to your circumstances before you take any action or otherwise rely upon the contents of this article. The content of this article is subject to change.

Strata Applications for Tribunal Orders

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