Friday, September 25, 2020

Breaching the By-Laws

If a resident breaches a by-law, the strata committee can first contact the resident to advise of the breach, and ask that they stop the conduct that is causing the breach.

If this is unsuccessful, the owners corporation may issue the person responsible for the breach with a Notice to comply with a by-law. If they have the delegated authority, a strata managing agent may also issue a notice to comply.

If there is a breach after the notice has been issued, the owners corporation may apply to the Tribunal to impose a penalty, after resolving to do so at a general or strata committee meeting.

If the Tribunal has already fined the owner or occupier within the last 12 months for a breach of the same by-law, the penalty imposed by the Tribunal can double to a maximum of $2,200. In this case, the owners corporation does not have to issue another notice to comply before applying to the Tribunal to impose the fine.


Read more: What are By-laws?


A ‘Notice to comply’ form is available on the Fair Trading website.

Other responsibilities Besides by-laws, other responsibilities for owners and residents include to:

  • not interfere with or impact another person’s lot, including services provided to them or the common property. This includes doing anything to affect another lot owner’s water, sewage, drainage, gas, electricity, garbage, air conditioning, heating or telecommunications services
  • not causing a nuisance or hazard to another resident, such as playing loud music
  • not using the common property in a way that interferes unreasonably with others in the scheme using and enjoying it.

© State of New South Wales (NSW Fair Trading). For current information go to fairtrading.gov.au

Strataville Editorial
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