Forum: Is it law that you must enforce by-laws?


There’s a debate that is rumbling on in the Flat Chat Forum at the moment – and it’s one that raises its head from time to time without ever reaching a clear resolution.

The issue is, are strata committees in NSW required to enforce their bylaws.  The answer is quite clear in Queensland, for instance, where the Body Corporate laws say that enforcing by-laws is one of the executive committee’s responsibilities.

But in NSW, the legislation merely says that strata committees “may” issue Notices to Comply to alleged miscreants.

Some people say there is a level of discretion permitted, that means strata committees don’t have to pursue by-law breaches if they don’t want to.

Others say it’s an implied duty of the owners corporation and the committee. Also if you aren’t prepared to enforce your by-laws, why even have them in the first place?

I won’t rehearse all the arguments here – flllowo the link below for that. But one thing I know, this is one issue where the snazzy new strata website which you’ll find HERE could disprove grumblings about “style over substance” and issue a clear directive on this among other issues.

Also, if you have by-laws that aren’t enforced because they are out-of-date, unworkable or unenforceable, the right thing to do is fix them or erase them – don’t just let them lie on the books unloved and ignored.

You can read the discussion on the Forum HERE.

Elsewhere on the Forum

  • My hard flooring was compliant but, following a complaint, the committee is proposing to change the by-law.  That’s HERE.
  • What insurances etc do we need so we can pay a tenant for minor services like putting out the bins?  That’s HERE.
  • Insurance for two-lot schemes – it’s more complicated than you think.  That’s HERE.

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    There’s a debate that is rumbling on in the Flat Chat Forum at the moment – and it’s one that raises its head from time to time without ever reaching
    [See the full post at: Forum: Is it law that you must enforce by-laws?]

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