We are pleased to advise that the NSW Civil and Administrative Tribunal (NCAT) determined Prince Henry by-laws are enforceable.
Residents, owners, strata plans, neighbourhood associations and their managing agents often think they don’t have to comply with the Prince Henry Community Management Statement which sets out the Community Association by-laws. Some consider the by-laws are harsh and unconscionable. NCAT found this not to be the case.
They are in fact designed to protect, enhance and maintain the look of this beautiful heritage area, Prince Henry at Little Bay.
The Community Association have written to all members of Prince Henry advising the outcome of the tribunal hearing. See letter NCAT Decision – 23 January 2024.
If you want to read the complete NCAT Tribunal findings, please click here; Civil and Administrative Tribunal New South Wales – 2 January 2024.
Some comments worthy of note made by the tribunal are;
- “The Community Association is governed by a Development Control Plan and Design Guidelines. The Association has an important role in the management of a large residential community with its physical and cultural heritage.”
- “Even if the Community Association had not enforced the By-Law 11.4 or its predecessors in relation to those other vehicles, that does not preclude it from enforcing the By-Law in relation to the boat or trailer”
- “The intent of the by-law is to prevent limited parking spaces from being permanently occupied by boats, trailers and other vehicles.”
- “I find that the owners were aware, or ought to have been, aware of the By-Laws, then I further find that there is no proper basis on which it can be put that the Community Association induced a belief in the lot owners, that the by-law 11.4 would not be enforced.”
This outcome demonstrates that the Prince Henry Community Association is entitled to enforce its by-laws which in turn emphasises that residents and managing agents of strata schemes and neighbourhood associations need to understand and comply with these by laws. To read the current By-Laws click here.