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By-laws are the rules that govern life in a body corporate. They cover issues such as noise, pets, parking, the exterior appearance of your lot, and use of common property.
Breaches happen – often unintentionally. Knowing how by-laws work and what steps are recommended can assist navigate these situations calmly and fairly.
Legal Obligation to Enforce By-Laws
Under Queensland’s Body Corporate and Community Management Act 1997 (BCCM Act), every body corporate has a legal obligation to enforce its by-laws.
This obligation isn’t optional. By-laws form part of the community management statement registered with Titles Queensland, which means they are legally binding on all owners and occupiers. When a breach occurs, the body corporate must take reasonable and proportionate steps to address it, following the enforcement process set out in the legislation.
At the same time, the law requires the body corporate to act reasonably in how it enforces its by-laws. That means decisions should be based on evidence and handled in a fair, measured way, rather than being overly strict or dismissive. In most cases, the body corporate should first attempt informal resolution before moving to formal notices or legal action.
Acting Reasonably in Enforcement
Enforcing by-laws doesn’t mean taking a heavy-handed approach. The law expects bodies corporate to act reasonably, using common sense, fairness, and discretion when dealing with potential breaches.
Often, issues can be resolved more effectively through open and respectful communication rather than formal notices or penalties.
A quiet chat or friendly reminder can go a long way in helping residents understand and correct a breach, especially when it may have been unintentional. Taking the time to resolve matters informally not only saves the committee time and stress but also helps preserve a cooperative and neighbourly atmosphere within the community.
Formal enforcement steps should generally be taken only when informal efforts haven’t worked, or when the behaviour continues despite fair warning. This balanced approach ensures the by-laws are upheld without creating unnecessary conflict or resentment among residents.
Dealing with Common By-Law Breaches
By-law breaches can take many forms, from noise and pets to parking or improper use of common property. Addressing these issues is best started with a polite approach before moving to formal enforcement.
Step 1: Start polite and informal
Many issues can be resolved simply by making the other resident aware of the impact of their actions. For example:
- Noise: If a neighbour plays music late at night, speak to them directly or leave a friendly, non-accusatory note. Focus on the impact, such as ‘I’m finding it hard to sleep,’ rather than blaming.
- Parking: If a resident parks in another owner’s designated space, a friendly note or polite conversation can often resolve the issue without needing formal action.
- Pets in common property: Gently remind the owner about the rules regarding pets in shared spaces.
The body corporate can also take a proactive approach by sending reminder notices to all residents about common issues – like noise, common property, or parking rules. These reminders reinforce the by-laws without singling anyone out, and may help prevent breaches before they occur.
Step 2: Check the by-laws
Before escalating, review your body corporate’s Community Management Statement (CMS) to confirm that the behaviour is a breach. Ensure you understand the relevant by-law, such as noise restrictions, parking allocations, or rules around common property. This step helps ensure your complaint is valid and grounded in the body corporate’s regulations.
Step 3: Lodge a Formal Complaint
If multiple informal efforts fail, submit a formal complaint to your committee or building manager. Provide clear details of the breach, including dates, times, and evidence where possible. The committee can investigate and, if necessary, issue:
- A Continuing Contravention Notice if the breach is ongoing, or
- A Future Contravention Notice if there is a reasonable expectation the behaviour will recur.
This step signals the seriousness of the issue while giving the offending resident an opportunity to comply before further action.
Step 4: Escalate Through Official Channels
If the contravention notice is ignored or the breach continues, the matter can be escalated through the Office of the Commissioner for Body Corporate and Community Management (OCBCCM).
Owners can apply for conciliation or, in more serious cases, adjudication. These official processes provide a structured and legally supported method to enforce compliance, ensuring that by-laws are respected and upheld.
In Summary
Bodies corporate are legally required to enforce by-laws, but enforcement must be reasonable and proportionate.
In many cases, breaches can be resolved informally through polite discussion or general reminder notices. Formal enforcement, including contravention notices or escalation to the OCBCCM, should be used only when necessary.
Understanding your rights and responsibilities, and approaching issues with patience and respect, is imperative to body corporate living.
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