› Flat Chat Strata Forum › By-laws and outlaws › Bylaws vs Rules in NSW › Current Page
Kaindub said: My opinion – bylaws are fully enforceable, rules are not.
I don’t think it’s as simple as that. Strata law itself is structured with the Act (laws) and Regulations (rules).
I don’t think you can or should have a specific rigid by-law to cover every little area of strata scheme management, nor do I think that rules are unenforceable if they are covered by a valid enabling by-law.
If a by-law says the strata scheme can impose rules, for instance, on the use of visitor’s parking, and those rules are published as part of the current by-laws (and then re-published if they are changed, for whatever reason) then breaches can be pursued via Notices to Comply.
Don’t forget that a Notice To Comply is basically both a warning and a threat and the warning part must include the specific part of the bylaw that has allegedly been breached.
I can’t see how telling someone to stop breaching rule x of by-law z (which is then spelled out) is not a valid Notice to Comply.