The most common tenant complaints - TYPES OF CONTRAVENTION NOTICES


1. Continuing Contravention Notice

Thebody corporatemay give a continuing contravention notice to an owner or occupier where it believes the person is contravening a by-law and where it’s likely the contravention will continue.

An example of this type of contravention is where an owner is parking a vehicle of common property without approval.

The purpose of this notice is to require the person to remedy the contravention. In other words, you are letting them know that their actions are not permitted and you’re giving them the opportunity to halt the behaviour.

2. Future Contravention Notice

Thebody corporatemay serve a future contravention notice if it believes the person has contravened a by-law and the circumstances of the contravention make it likely the contravention will be repeated.

This notice would be appropriate when an owner has a noisy party that contravenes the noise by-law, and they have demonstrated through previous behaviour that they are likely to do this again.

Thebody corporatemay give the owner notice that if this contravention is repeated.

Proceedings can be commenced without any further notice.

The purpose of the future contravention notice is to require the person not to repeat the contravention.

3. Consequences of Failing to Comply

If an owner or an occupier fails to comply with a contravention notice, the committee, or thebody corporatein a general meeting, can decide to commence enforcement proceedings in the Magistrates Court or in theBody Corporateand Community Management (BCCM) Office.

TheBCCM Actempowers the Magistrates Court to impose a financial penalty for failure to comply with the notice.

Translation – you can fine another tenant or resident for failing to comply with the by-laws in your complex.

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Jason Gwerder
Tuesday, 17 November 2020

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