This article discusses strata committee code enforceability, explaining when a committee code of conduct is legally valid, enforceable as a by-law, or invalid under strata legislation.
Question: Our committee has adopted a “code of conduct” and seeks to issue breach notices if residents break the code. Some rules seem very unreasonable. Is this legal?
Our strata committee has adopted a “code of conduct” and seeks to issue breach notices if residents break the code. Some rules seem unreasonable, referring to whether owners can communicate with other owners, talk to contractors, email committee members, etc. As the strata act is silent on a code of conduct and the chair makes up this one, is this legal? It seems to be nothing more than to enhance the committee’s control.
Answer: Any by-law preventing emailing other owners, talking to contractors or emailing committee members would be contrary to the legislation, invalid and unenforceable.
Whilst a code of conduct can be helpful, they usually contain general provisions, such as the strata committee is to be respectful, act in good faith, avoid conflicts, etc.
The code of conduct would have to be registered as a by-law and recorded on the certificate of title for the common property to be enforceable and to enable the owners corporation to serve breach notices. By breach notices, I assume that you are referring to notices to comply under section 146 of the Strata Schemes Management Act 2015.
If the breach notices are not notices to comply in accordance with section 146, the strata committee is not able to recover a penalty or fine for a breach of the code of conduct. The strata committee can only obtain a penalty by following the process set out Strata Schemes Management Act 2015, i.e. serve a notice to comply and if a further breach, make an application to the NSW Civil and Administrative Tribunal (NCAT) for a penalty.
Regarding the specifics of the code of conduct, any by-law preventing emailing other owners, talking to contractors or emailing committee members would be contrary to the legislation, invalid and unenforceable.
This post appears in the March 2024 edition of The NSW Strata Magazine.
Matthew Jenkins Bannermans Lawyers E: enquiries@bannermans.com.au P: 02 9929 0226