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

shutterstock_2100084745.jpg

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Also, if you have by-laws that aren’t enforced because they are out-of-date, unworkable or unenforceable, the right thing to do is fix them or erase them – don’t just let them lie on the books unloved and ignored.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

How to ask and answer questions

Anyone can read our posts any time but now there are several easy ways you can search, access, ask questions and reply to others’ queries. 

The best way these days may be to click on “Forum: Your Qs & A’s” on the top menu bar on a computer screen or on the drop-down menu (three lines) on the right of the screen on phones and tablets, under the Strata Choice ad. Then click on the topic title that interests you, and off you go.  

Alternatively, you can look at the list of “Your latest questions and answers” under the ads on the right of the page on a computer screen. Or at the bottom, after the ads and stories, on a tablet or phone.

Or you can go “old school” and go to the Forum Home Page and work your way through the topics there.

Whichever route you take to get there, the best way to keep up to speed with what’s happening is to register (if you haven’t already done so), then login and subscribe for free to the topics that interest you most.

That way you’ll get an alert whenever the discussion moves forward, and you can also chip in with your own comments and questions.  Have a look HERE at our instant guide to getting online.

If you enjoyed reading this post or found it helpful, please share it with interested friends using our social media buttons. Thanks.


Flat Chat Strata Forum Current Page

  • Creator
    Topic
  • #63572
    Jimmy-T
    Keymaster

    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?]

  • You must be logged in to reply to this topic.

Flat Chat Strata Forum Current Page

Flat Chat Strata Forum Current Page

scroll to top