Can a body corporate committee compel an owner to provide renter names in order to issue a breach notice?

Where there is a lease of 6 months or more, those details must be provided to the body corporate and within 1 month of the event occurring (e.g., the lease coming to fruition). A penalty of more than $2,000 can apply if the details are not provided.

In an ideal world, the details would be provided by the lot owner as they happen. If not, and the body corporate has a reasonable basis for assuming that there are indeed leases of 6 months or more – and I’m not sure from your email that is the case, ‘renting rooms’ might not mean leases of that duration – they can make that request of the owner, then consider further action leading to the penalty noted above.

If you don’t have the details from the owner and you don’t know who the alleged offenders are when it comes to parking, you can potentially commence action against ‘The Occupier’ (‘occupier’ is the term used to describe a tenant in a body corporate scheme). Adjudicators have made orders against ‘The Occupier’. You will need to tread carefully here though: you will need to demonstrate you have exhausted all your efforts to find out the name of that occupier. That might include letterbox drops, verbal and written requests, or trying to match the car registration to the owner’s name.

Remember this: it might take 12 months for an order about the parking. In that time, the occupier might have moved on. So you might need to give thought to longer term solutions, rather than focusing on this specific situation.