How to Enforce the By-Laws

How to Enforce the By-Laws

Understanding the process and procedure of enforcing the by-laws is a process that can take some time and for fines to be issued.

It requires evidence in some instances and ensuring that the building follows the correct procedure.

By-law enforcement can be taken against any lot owner(s), tenant(s), mortgagees in possession, lessees.

Q: Are the by-laws in place different for each strata building?

In most instances yes. While some buildings may use the model by-laws strata building generally add or amend their by-laws their by-laws for the better management and control of the building.

It is important that you become familiar with the by-laws for your building so you better understand what requirements may affect you as an owner.

Q: How can I obtain a copy of my buildings by-laws?

Contact us via e-mail and we can provide you a copy of your buildings by-laws?

Also, we also upload the by-laws for each of our clients via the Foreshew Strata Agency portal.

If you require details on your portal access, feel free to contact our office or your strata manager.

Q: Do we have to review our by-laws on a regular basis?

With the new Strata Schemes Management Act 2015 in force from 30 November 2016, a requirement is that each strata building must review their by-laws prior to 1 December 2017. After this period, it is then the buildings decision how regular they review their by-laws.

Reviewing your by-laws on a regular basis can assist in the approval process of items such as modifications internally to units but also assist in the control and management of the building.

Q: Can the building take action against residents and lot owners for breaching the by-laws?

Yes. The owners corporation in most instances, must firstly issue a Notice to Comply. Being a restricted matter, the owners corporation must hold a formal strata committee meeting to pass the motion to issue a Notice to Comply, or pass a motion at a general meeting.

An owners corporation can then seek a penalty of up to $1,100 through the NSW Civil and Administrative Tribunal, for a first offence, and a penalty of up to $2,200 if the member is satisfied that the person has contravened the by-law within 12-months of the member has imposed a penalty on the same person for the previous breach.

Q: If a penalty is ordered, who is it paid to?

The penalty is payable to the owners corporation, unless the member issues an order otherwise.

Q: Orders, to comply with by-law?

For an order to be issued to a person(s), the owners corporation must firstly attempt mediation. Should mediation fail, the owners corporation may lodge a further application for an order.

The process for an order can take time, due to the process from mediation, tribunal submissions, tribunal orders, application for penalty, directions hearing and so on.

Whether to apply for a penalty or an order depends on the circumstances.

The team at Foreshew Strata Agency is here to guide our clients what the best course of action and the likely outcome.