How does a body corporate enforce a by-law?
A body corporate has a statutory obligation to enforce its by-laws.
However, ‘enforcement’ does not necessarily mean pursuing costly legal action as the first option.
Many by-law issues can be resolved by an informal approach to the involved party or parties, outlining the alleged breach, the relevant by-law and reminding them of their obligations under a scheme’s Community Management Statement (CMS).
If this approach does not succeed, the body corporate can issue a by-law contravention notice under the BCCM Act.
If the issue remains unresolved, the body corporate can either apply for conciliation or adjudication through the Commissioner’s Office or start proceedings in the Magistrates Court.
Adjudication can result in enforceable orders; the Magistrates Court can impose a fine for failing to comply with a valid contravention notice.
A body corporate itself cannot impose monetary penalties for by-law contraventions.
Further reading
- Are your by-laws legally valid and enforceable?
- What are body corporate by-laws?
- Are by-laws legally enforceable?
- What can be included in a valid by-law?
- Can a body corporate tow a vehicle from a parking space?
- Can a body corporate ban smoking?
- Can a body corporate ban pets in strata?
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