This article discusses by-law enforcement in over-50s communities and how committees can balance compliance with compassion.
Question: How does a committee in an over-50s community effectively manage residents with increasing care needs, enforce by-laws, and address potential conflicts while respecting their rights and dignity?
As our over-50s community ages, we’re seeing an increasing number of residents with care needs. How can the strata committee ensure that by-laws, such as those governing smoking, noise, and general behaviour, are upheld? Can the committee legally request an assessment of a resident’s capacity to live independently and comply with these rules under the Aged Care Act 1997?
Committee members are reluctant to confront residents, particularly those with cognitive impairments, due to fears of escalating tensions and potential legal repercussions. How can the committee foster a supportive and respectful community environment, especially when dealing with residents experiencing cognitive decline or other challenges? What strategies can be employed to minimise conflict and ensure that issues are addressed fairly and compassionately?
Answer: By-laws apply to all occupiers at a scheme equally.
I understand the sensitivities in this type of enquiry with an occupier at the scheme. By-laws will apply to all occupiers at a scheme equally. Good by-laws attempt to regulate the way occupiers use and enjoy their lot and common property in a balanced way.
A body corporate has a duty to enforce its by-laws and must act reasonably in doing so. So, how a body corporate chooses to enforce its by-laws may vary depending on individual circumstances. For example, a committee may send an email reminder or post a letter. There could even be a knock on the occupier’s door and a conversation about the by-laws. Enforcement can, of course, be achieved through the usual contravention notices too.
While an occupier would not be required to comply with that type of enquiry in your question, it would be difficult for that to successfully amount to harassment in any legal sense if done in the right way. Also, even though the focus of the question is about the behaviours of persons in the scheme, I think it is also worth considering whether the by-laws themselves are appropriate and if there is a better way to enforce the by-laws to achieve the desired outcome with the present mix of occupiers.
This post appears in the November 2024 edition of The QLD Strata Magazine.
Brendan Pitman
Grace Lawyers
E: brendan.pitman@gracelawyers.com.au
P: 07 5554 8560
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