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Our Building has this By-Law (which does not appear to be registered):

Behaviour of owners and occupiers
An owner or occupier of a lot when on common property must be adequately clothed and must not use language or behave in a manner likely to cause offence or embarrassment to the owner or occupier of another lot or to any person lawfully using common property.

Earlier this year, following a disagreement over use (or abuse of visitor carparking), two owners had an argument that turned into pushing and shoving, including racial vilification.  The physically larger owner shouted at the smaller one, saying that they are tenant, who should go back to their country, people have no right to live in the building. 

The altercation occured on common property, and CCTV provided evidence, without audio.  It indicated that the larger one pushed and shoved the smaller one, who was holding on to a baby.

Naturally a complaint was lodged to the ExCo and Strata Manager by the smaller owner about the racial vilification and assault.  The ExCo and Strata Manager declined to do anything, and said they would provide the feed on DVD and advised a police report and private action.

Given that we have a by-law about behaviour of owners and occupiers on common property, what are the OC’s rights and obligations in respect of this incident?  Is it true that unregistered by-laws cannot be enforced?

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