What Happens if Someone Breaches Strata Rules?

Content

Social Shares

Related Content

Strata Hub

If you’re living in a strata property or are planning to, you’ll likely be aware that there are strata by-laws in place that shape the way of life within a strata scheme. These by-laws can relate to resident and guest behaviour, use of common property and aspects such as parking and short-term letting. But what happens when strata rules are breached, either by another strata owner or perhaps someone visiting the property?

Firstly, it’s important to know the strata rules

Your strata scheme’s unique by-laws are outlined by your strata roll, and as an owner or resident you should be provided with a copy of these. If you haven’t, they’ll be available from your strata scheme’s secretary or from your strata manager. These by-laws, together with the NSW Strata Act 2015 and the Strata Schemes Management Regulation 2016, will outline the guidelines that apply for your strata scheme. Our document bank provides some handy links to these and other resources.

If one of these by-laws or strata laws is being breached, then the following steps are generally followed.

Responsive Strata Management Services for Hassle-Free Living!

From friendly to formal: the process of escalation

  • Having a conversation

    In the vast majority of cases other than urgent situations, the first port of call is to speak with the person who’s breaching the rules. Whether it’s a rule about airing laundry on the balcony or a barking dog, there’s a possibility that the person is not aware of the by-laws and in many cases a friendly and frank discussion will help clear up the issue.

  • Speaking with the strata manager

    If the friendly chat route doesn’t work, then a complaint can be made to the strata manager (or property manager if you’re renting). Your body corporate managers are here to help, and we can clearly explain the by-laws and possible implications of a breach as an unbiased third party.

  • Issuing a Notice to Comply

    Is the by-law or strata management regulation still being breached? The typical next step is that the complaint may be taken to the strata committee, which can vote to issue a Notice to Comply with a rule or by-law. If the person breaching the rules is an owner within the strata scheme this will be addressed to them directly, otherwise as a tenant their landlord and property manager will also be provided with this Notice.

  • Escalating to NCAT

    If the behaviour still doesn’t change at this point, then the owners corporation can escalate the issue to the NSW Civil and Administrative Tribunal (NCAT). Depending on the matter, NCAT might recommend mediation or issue orders to settle the dispute. NCAT can also choose to issue financial penalties depending on the circumstances.

Our strata by-laws, Strata Management Act and the Strata Scheme Management Regulation are all there to help strata residents enjoy a peaceful and enjoyable living environment. If you’d like to know more about how our strata managers can help and the body corporate services we provide in NSW, simply get in touch today.

Request a Free Quote

Relevant Articles

As you are likely aware, the NSW Government has created legislation associated with certain major works. The Design & Building

Picture of Philip Kooper
Philip Kooper

Jun 09, 2022

In an initiative to further protect consumers, the NSW Government has created new legislation associated with major works. The Design

Picture of Philip Kooper
Philip Kooper

Jun 09, 2022

As defined by Fair Trading NSW, community, precinct and neighbourhood schemes are “forms of land title that help in subdividing

Picture of Linda Black
Linda Black

May 12, 2022

Whether at a hotel, at work, or someplace else entirely, we’ve all had to deal with fire doors at certain

Picture of Jackie Booth
Jackie Booth

Oct 14, 2019

Talk to Jamesons about your needs today

Changing strata managers doesn’t have to be difficult. Get in touch with our team today and learn how our
strata management services could improve the value and enjoyment of your jointly-owned property.

What are you looking for?