Is the building manager able to issue fines for by-law breaches?
My building manager is issuing fines on behalf of the body corporate for breaches of certain by-laws. Is this allowed? Normally you would have to receive contravention notices prior to this.
We have these two clauses in the by-laws I have found relating to this:
33.4 For the avoidance of doubt, the body corporate may recover its costs in respect of that breach in accordance with these by-laws and under the BCCM Act.
35.1 If an occupier or invitee commits a breach, the owner of the relevant lot must pay on demand the whole of the body corporate's cost in respect of that breach, which amount will be deemed to be a liquidated debt.
The building manager has no ability to impose fines (and nor does the body corporate).
Todd Garsden, Mahoneys
The building manager has no ability to impose fines (and nor does the body corporate). Only the Magistrate's Court can impose fines for by-law contraventions and that is relatively rare.
Separately, both of those by-laws are invalid as they are contrary to section 180 of the BCCMA.
William Marquand, Tower Body Corporate
The frustration for body corporate owners is that the means of effectively enforcing by-laws are so convoluted that it is easier to get away with breaking the by-laws than prosecuting them.
In this instance the caretaker doesn’t have the authority to issue fines and the body corporate should adhere to that. If the practice continues then owners may challenge the outcome and the body corporate be held liable. Perhaps some alternative creative thinking is required to encourage greater adherence. You could try some public naming and shaming – sending out a notice to owners of what by-laws are being broken and by whom.
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Todd is an experienced property lawyer who heads up Mahoneys body corporate team.
Todd specialises in body corporate law and predominantly acts for bodies corporate, body corporate managers and lot owners on all matters affecting bodies corporate.
Todd is an active member of the Strata Community Association (Qld). In 2019 he was appointed to the Strata Community Association (Qld) legislation committee and assists in making submissions on behalf of the Strata Community Association (Qld) on issues such as legislative reform in body corporate law.
As Todd is also a body corporate committee member, he understands the day to day requirements of administering a body corporate.
Todd has a focus on achieving practical and commercial results for his clients and understands the market in which bodies corporate operate within.
Todd also provides body corporate managers, and other industry stakeholders, with presentations and training on matters affecting the body corporate industry.
Will Marquand joined the Tower team as a General Manager and Senior Strata manager in 2020. He has widespread experience across all forms of commercial, industrial and residential schemes. He believes in proactive, ethical strata management and hopes to provide Tower’s customers with the knowledge and support required to take their schemes forward into the next generation of body corporate management. Will has experience working across residential, commercial and industrial schemes. A former journalist and teacher, Will's excellent communication skills help Tower grow its expanding business. William is a regular contributor to LookUpStrata.
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