Monday, 16th September 2019

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omenoj
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Last seen: 6 years 39 weeks ago
Joined: 05/12/2012

A live-in 'carer' has positioned his decrepit, unregistered caravan on the Common Property forecourt, directly in front of his benefactor's garage. It has subsequently accumulated a collection of rubbish (timber, paper, galvanized iron etc.) underneath, which is both a fire hazard and an attraction to vermin. It is also unsightly and inhibits access to the common property.
Our BC intends to serve the owner with a 'Form 10', giving him seven days to remedy the Continuing Contravention of a Body Corporate By-Law and permanently remove his property.
The problem is, if he refuses to comply with the order, it appears that our only recourse is to appeal to a Chamber Magistrate who may impose a fine on the offender. This, unfortunately, does not remedy the situation regarding his property.
In the event that he does refuse, what can we legally do to have it removed?

kiwipaul
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Last seen: 9 weeks 22 hours ago
Joined: 06/07/2011

If he refuses you then have to go to conciliation and then adjudication to obtain a ruling against him. Cost approx $130. I suspect the adjudicator would order him to remove the van and rubbish within 14 days.

Once you have a ruling against him you then go to magistrates court and if you show he hasn't complied with the Adjudicators order he can be fined up to $40,000 for ignoring an Adjudicator order and he may be ordered to pay costs as well.

Just informing him of the fine he could be liable for may encourage him to remove the items without any action.

omenoj
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Last seen: 6 years 39 weeks ago
Joined: 05/12/2012

Thanks Paul, he has been served so we'll have to wait and see what happens. Sadly, he has nothing and has shown his contempt toward the BC on previous occasions. You can't get blood from a stone!