What Are a Body Corporate’s Legal Obligations to Enforce Bylaws and What If the Committee Refuses to Act?

By admin,

My Body Corporate is a standard module. My Neighbour breached a by-law. I issued a form 1 to the Body Corporate and the Body Corporate followed up a form 10 and 11 to the accused with 14 days to comply. 14 days passed, and the accused continued with the by-law breach.

1 month on from the issuing of the contravention notices the accused was still breaching the by law.

What Can a Tenant Do When Bylaws Are Repeatedly Breached and the Body Corporate Has No Committee?

By admin,

I am a tenant in a building of six units. An owner’s husband, who doesn’t live here, is continually breaching the bylaws. The Body Corporate Committee disbanded, as it was too difficult to deal with him.

What Can You Do When Body Corporate Maintenance Issues Cause Ongoing Noise Disturbance?

By admin,

How do we proceed when the Body Corporate itself is breaching a bylaw?

For example, a pool pump is so noisy that the sound penetrates into one of the units at all hours of the day and night. The noise is disturbing the occupiers of that unit. The noise level is 20dB above ambient noise levels, which is in breach of the EPA standard of acceptable noise.

Can a Body Corporate Restrict Social Gatherings in Pool and BBQ Areas with a Booking System?

By admin,

We live in a highrise consisting of 156 Units and there is a common area open 7 am to 9 pm consisting of a BBQ are next to a pool area.

Around 20 residents have been meeting in this space to chat, have nibbles and a drink together on a Sunday afternoon up to around 7 pm. The Body Corp have introduced new By-Laws regarding noise. The Body Corp says they have received complaints regarding the noise from the gathering. 3 units directly overlook this area and we feel these are the ones complaining about the noise.

Are Dogs Allowed in Queensland Body Corporate Pool Areas and What Can Owners Do If Bylaws Aren’t Enforced?

By admin,

I live in a complex of 12 units in QLD.

Are there any laws regarding dogs in a pool enclosure? I feel this is a safety and health issue.

The owners accompany the dogs, however, the dogs are unrestrained.

Our bylaws state that no dog is to be in common areas, but there is no enforcement of bylaws due to weak committee members.

Can a Strata Committee Choose Not to Enforce a By-Law?

By admin,

As an owner in the body corporate, I have provided a form 1 to the committee because there is a by-law breach. A rubbish bin is stored on common property.

It is a clear breach of the by-law, but the committee has advised they will not enforce it.

I have asked for meeting minutes to see the votes but have been told there was no meeting.

Can the committee decide not to enforce a by-law? If this is the decision, are they required to have minutes of a meeting about that decision?