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Disputes an Adjudicator can rule on

Fair Trading will give you information about this. Here are some examples of disputes the Adjudicator can rule on if other attempts at resolution fail:

  • repairs to ceilings, walls, bathrooms
  • water penetration through windows, shower floors
  • parking on common property without approval
  • keeping pets without approval
  • alterations to common property (eg. closing in balconies)
  • use of air conditioners
  • insufficient floor coverings
  • noisy residents
  • appointment of a managing agent
  • invalidation of meetings
  • variation of insurance.

How does the Adjudication process work?

A letter will be sent to interested parties asking for submissions (the views of anyone involved). When applying for an order by an Adjudicator, you will need to submit relevant information and documents to prove your argument. If possible, attach a copy of the strata plan, minutes of relevant meetings, resolutions and the registered by-laws for the scheme.

How long does the whole process take?

An Adjudicator’s order can take between 6 - 10 weeks from the time the application is lodged.

How is an Adjudicator’s decision made?

Applications to an Adjudicator are dealt with in the office and the people in dispute do not have to appear before anyone. The Adjudicator looks at the application and all submissions, as well as decisions made in similar cases.

The decision and the reasons for that decision are made in writing.

Notice of the order is sent out to the people involved (the person who applied, the person it is against, anyone who sent in a submission and the owners corporation).

What do you do if you’re unhappy about an Adjudicator’s decision?

You can appeal to the Tribunal, but you must do this quickly (within 21 days of the order coming into effect). In some cases, it may be possible to have the time to appeal extended to 90 days but you must have good reasons. However, if the Adjudicator dismissed your application, the 21 days cannot be extended and you must appeal within that time.

 

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