Question: 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.
Answer: The building manager has no ability to impose fines (and nor does the body corporate).
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.
This post appears in the October 2021 edition of The QLD Strata Magazine.
Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
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