Being a good resident of a strata community means following the rules set out in the by-laws.
By-laws are specific rules adopted by the strata committee and relate only to that property and its residents. By-laws apply to all residents, whether you’re an owner or a tenant, and exist to ensure everyone is safe, treated fairly and to manage overall behaviour and conduct within the property.
These rules may include what type of pets you can own, parking allocations, acceptable noise levels, short-term rentals, common property, renovations and balcony use. You need to understand how they affect you to avoid the consequences of breaking them.
What’s covered in the by-laws?
By-laws are rules created by a strata scheme that all residents within the scheme must comply with.
While there are model by-laws that strata schemes can choose to use, most schemes have their own unique set of by-laws, adapted specifically to meet the needs of their building or complex.
Here are some things you’ll commonly find written in by-laws.
- Gardens – outlines whether they are common property and who must maintain them.
- Common property – details the resident’s obligations in keeping common property clean and tidy, and how shared facilities are used appropriately.
- Behaviour and conduct – states what’s acceptable around noise levels, smoking and use of shared facilities, such as pool and recreation area rules.
- Balconies – explains what you can put on a balcony and how it must be maintained and used, such as smoking, barbeques and laundry.
- Parking – typically defines the use of allocated car spaces, visitor parking spaces and any restrictions on parking on common property.
- Renovations – indicates when you need permission for renovation work. Always check the by-laws when considering ANY renovations. You may not need
approval for cosmetic work like internal painting, new carpet or installing built-in wardrobes where there’s no disturbance to the building structure. However, projects like kitchen and bathroom renovations or changing the unit layout will probably have a related by-law requiring approval from the scheme before proceeding.
- Exclusive use – a by-law that gives an owner exclusive use of a defined area of common property. The area remains common property and doesn’t form a part of the lot if the property were to be sold. However, the owner may be required to maintain the area.
Strata schemes can adopt new laws, amend them, and appeal existing by-laws by passing a Special Resolution at a General Meeting.
Current owners and tenants, or anyone considering buying a strata property, can (and should) ask for a copy of the by-laws from the strata scheme, strata manager, or real estate agent to ensure they know the scheme’s rules.
Steps to enforce by-laws
By-laws are enforceable but might be invalid if they’re unfair, harsh, too restrictive or discriminatory. They must not conflict with legislation and legal decisions.
Most by-laws are realistic rules to ensure strata communities remain pleasant and well-maintained places for people to live. As such, they’re generally easy to abide by.
However, if a by-law is breached, the strata scheme or strata committee can follow the steps below to try and resolve it.
- Discuss the problem
Initially, it’s a good idea for the strata scheme, strata committee or strata manager to talk to the person about the specific by-law and ask them to follow it. Sometimes, people don’t realise how their behaviour impacts other residents, and highlighting it can be enough to prevent it from happening again.
- Send a breach letter
If the person continues to ignore the by-law, the strata scheme, strata committee or strata manager can send them a breach letter. If the lot is tenanted, a copy of the letter must also be sent to the lot owner.
It must be addressed to the person they believe has breached the by-law, and it must identify the breach and explain the action causing it. This could be important if the matter ever reaches mediation, Court, or a Tribunal.
- Issue a formal notice
If the behaviour doesn’t improve, the strata scheme, strata committee or strata manager may issue a formal breach notice. Before the notice can be issued, the strata committee must pass a formal motion.
This notice asks the person to stop the activity causing the breach and emphasises that they risk being taken to a Court or Tribunal if they don’t. The notice must give a time limit to remedy the breach and what action will be taken by the scheme if they fail to comply.
This notice can be sent via post or email and needs to include the details of the by-law and how it has been breached.
- Progress to mediation
If the person continues to break the by-law, the strata scheme, strata committee, or strata manager can seek an order against the person to stop the breach. Mediation is a free service that helps residents, owners and strata schemes solve issues.
- Attend a Court or Tribunal
If mediation is unsuccessful, the strata scheme, strata committee or strata manager can ask a Court or Tribunal to decide whether a by-law has been breached. However, applying to a Court or Tribunal is a legal process that can take some time to resolve.
The Tribunal can issue orders to people and impose a fine (the amounts vary by state and circumstances).
- Special circumstances
Where a breach of the by-laws is likely to cause injury or damage to property, a serious risk to health or safety, a serious nuisance, or for any other reason giving rise to an emergency, the scheme may apply for interim orders through a Tribunal.
Are by-laws important?
Up-to-date and clear by-laws reflect the values of the strata scheme and help ensure strata communities are harmonious and great places to live.
