Question: Our strata committee wants my sons’ personal details to issue a parking by-law breach notice. Am I legally obliged to provide them, or can the notice be sent to me as the owner?
My sons sometimes park in the visitors car park, which is a breach of the by-laws. I agree that this is not acceptable. The strata committee wants to issue a by-law breach notice and has asked for my sons’ details. I requested that they send the breach notice to me as the property owner. Am I legally obliged to provide my family’s details?
Answer: An owner is not legally obliged to provide personal details of visitors who have breached a by-law, but the owner remains responsible for ensuring their guests comply with the scheme’s rules.
You are not legally obliged to provide your family members’ or visitors’ personal details to the owners corporation in relation to an alleged by-law breach.
There is no specific provision under the Strata Schemes Management Act 2015 (NSW) that compels an owner or occupier to disclose the identity or contact details of their guests in these circumstances. However, this does not mean the issue ends there.
By-laws are generally not directly enforceable against visitors or invitees. Responsibility lies with the owner or occupier of the lot. In most schemes, by-laws require owners and residents to ensure that their guests comply with the scheme’s rules. The owners corporation is entitled to pursue the matter against you as the owner, rather than against your visitors directly.
Why this issue matters
Situations like this often create tension between privacy and compliance. Owners may feel uncomfortable sharing personal information about family members, while committees focus on enforcing by-laws and maintaining fairness across the scheme.
Understanding where responsibility sits helps avoid unnecessary conflict. The law is structured so that enforcement remains practical. The owners corporation deals with the lot owner or occupier rather than pursuing multiple third parties. Visitors come and go, but the owner remains accountable for how their lot is used and how their guests behave while on site or using common property areas.
What are your next practical steps?
If you are in this situation, there are several ways to respond constructively.
- First, acknowledge the breach where appropriate. As you have done, confirming that the behaviour is not compliant can help de-escalate the situation.
- Second, redirect the process. Request that any breach notice or correspondence be issued to you as the owner.
- Third, ensure future compliance. Make it clear to your visitors that they must follow the by-laws, particularly in areas such as visitor parking, which are commonly enforced, can be sensitive, and may create disharmony among residents.
- Fourth, review the by-laws. Check how your scheme regulates visitor parking and whether signage, markings, or communication are clear. Sometimes disputes arise from ambiguity rather than intent.
- Finally, maintain open communication with the committee. A cooperative approach often leads to better outcomes than a strictly adversarial one, especially for minor or occasional breaches.
A practical and balanced approach recognises that while owners are not required to disclose personal details of their visitors, they remain responsible for ensuring that by-laws are respected within their lot and by those they invite into the scheme.
This post appears in the July 2026 edition of The NSW Strata Magazine.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
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