BODY CORPORATE BY-LAW ENFORCEMENT FLOWCHART: A STEP-BY-STEP GUIDE
Enforcing body corporate by-laws is a crucial part of maintaining harmony in a strata scheme. Whether it’s noise complaints, pet disputes, or parking violations, having a structured approach ensures fairness and compliance. A well-defined by-law enforcement flowchart can help committees and managers navigate the process efficiently while adhering to legal requirements.
Understanding the Body Corporate By-Law Enforcement Process
The enforcement process follows a structured sequence to ensure due process and compliance with relevant legislation. Here’s a step-by-step breakdown:
Step 1: Identify the Breach
A potential by-law breach is identified either through complaints from residents, committee members, or the body corporate manager. Documentation is crucial at this stage, including dates, times, and any supporting evidence such as photos, videos, or witness statements.
Step 2: Informal Discussion
Before taking formal action, an informal approach—such as a friendly conversation or a written reminder—can often resolve issues quickly. Many breaches occur due to a lack of awareness rather than deliberate non-compliance.
Step 3: Issue a Formal By-Law Breach Notice
If informal discussions fail to resolve the issue, the body corporate committee can issue a formal by-law breach notice. This notice should:
- Specify the breached by-law.
- Provide details of the alleged breach.
- Offer a reasonable timeframe for rectification.
Step 4: Allow for a Response
The recipient has the right to respond, either acknowledging the breach and rectifying it or disputing the claim. Engaging in reasonable dialogue can sometimes lead to a resolution without further escalation.
Step 5: Issue a Contravention Notice (If Necessary)
If the breach continues, a formal contravention notice can be issued under the applicable strata laws. This may require committee approval or an adjudication process, depending on the jurisdiction.
Step 6: Mediation or Conciliation
Many disputes can be resolved through mediation or conciliation. Engaging a dispute resolution service can help both parties reach a fair outcome without resorting to legal proceedings.
Step 7: Seek an Adjudicator’s Order
If the breach persists, the body corporate can escalate the matter by seeking an order from the relevant authority, such as a tribunal or adjudicator. The adjudicator has the power to enforce compliance or impose penalties.
Step 8: Legal Enforcement
As a last resort, the matter may be taken to court for enforcement. This step is typically pursued when all other avenues have failed, and the breach is significantly impacting the community.
By-Law Enforcement Flowchart
Below is a visual representation of the by-law enforcement process to assist committees, managers, and residents in understanding the steps involved:
The Importance of a Clear Flowchart
A visual representation of this process in the form of a flowchart simplifies understanding for committee members, residents, and managers. It provides clarity on each step, ensuring consistency in handling breaches and reducing the risk of disputes escalating unnecessarily.
By adhering to a structured enforcement process, bodies corporate can foster a fair, harmonious, and compliant community while ensuring by-laws serve their intended purpose effectively.
Would you like assistance in creating a downloadable flowchart template? Let us know in the comments!
This article was contributed by Wayne Hewitt, Partner, Archers the Strata Professionals
Leave a Reply
Good flow chart but the YES and NO are in wrong position. Easy to fix
There are some errors in this chart. If the dispute is not resolved there should be further action.
That’s a very useful article – many thanks. It’s a fairly heavy process to go through, which could be avoided by amending the Act to provide for bodies corporate to impose Infringement Notices on offending owners. This would ideally be done after the “Issue Formal Breach Notice” fails to resolve the matter.
The Infringement Notice remedy is used in the ACT jurisdiction (Unit Titles (Management) Act 2011) and from my experience, owning a strata property there, is very effective – it has a significant impact on offending owners and I’ve not seen a case where it hasn’t solved the problem.
I would urge Smart Strata to consider lobbying for Infringement Notices to be made available to Strata communities in the Queensland jurisdiction.
Not at this time thanksNoe
Love the idea but it doesn’t read well to me.
Resolved – if Yes then no further action
Resolved – if No then action continues
Suggest it would be useful to add some time frames and costs to the flow chart.
There are other issues like the length of time Arbitration takes, which is a farce.
In addition you are only as good as the strata managing agents and the committee.
If it’s driven by the committee plus you hassle the agent for follow up it may work in an acceptable timeframe.
But a change in committee who might be indifferent plus strata professionals who do not follow through make it painful or downright frustrating.
In our complex somebody dug up common property as they claimed it belonged to them.
We followed the process and tried our best to have internal reconciliation, it failed.
Reconciliation failed through the commission
Arbitration was the next step and we are now 14 months into arbitration with nothing back from the commissioner.
The issue arose in March 2023, 26 months ago.
The issue has led to further similar breaches by other owners/tennants who have gone down the line of advising that they are only copying somebody else.
If you don’t follow the process going to court is a waste of money.
As I stated at the beginning I like the concept but I would prefer more education was spent on Real Estate Agents & Law firms to get this type of documentation into the sales contract up front.
Dear Readers,
Thank-you kindly for all your feedback, we have now corrected the flow chart to read accurately.
Happy reading!
The Smart Strata Team.