Monday, September 28, 2020

Strata Schemes Management Act 2015 No 50

Part 7
Division 4
Section 147

Civil penalty for breach of by-laws | Section 147

(1)  The Tribunal may, on application by an owners corporation, order a person to pay a monetary penalty of up to 10 penalty units if the Tribunal is satisfied that—

(a)  the owners corporation gave a notice under this Division to the person requiring the person to comply with a by-law, and

(b)  the person has since contravened the by-law.

(2)  The Tribunal may, on application by an owners corporation, order a person to pay a monetary penalty of up to 20 penalty units if the Tribunal is satisfied that the person has contravened a by-law within 12 months after the Tribunal had imposed a monetary penalty on the person for a previous breach of the by-law.

(3)  Despite subsections (1) and (2), the Tribunal may, in dealing with a contravention of a by-law made under section 137, impose a monetary penalty of up to 50 penalty units under subsection (1) and a monetary penalty of up to 100 penalty units under subsection (2).

(4)  An application for an order under subsection (1) must be made not later than 12 months after the notice was given.

(5)  An owners corporation is not required to give notice under this Division before applying for an order under subsection (2).

(6)  A monetary penalty is payable to the owners corporation, unless the Tribunal otherwise orders.

Note.

The penalty may be registered as a judgment debt and will be enforceable accordingly (see section 78 of the Civil and Administrative Tribunal Act 2013).

© State of New South Wales Department of Customer Service. For current information go to www.nsw.gov.au.

Disclaimer: Reproduced from the Strata Schemes Management Act 2015 . This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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