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
