This article discusses the legal responsibilities and limits of committee members, the role of evidence, and when police involvement is appropriate in Queensland body corporate bylaw enforcement.
Question: Under Queensland legislation, if a committee member sees a bylaw being breached, are they legally compelled to take action to stop the behaviour?
Under Queensland legislation, if a committee member sees someone breaching a bylaw, such as unreasonable behaviour on common property or damaging common property, are they legally compelled to take action to stop the behaviour? If so, this is a heavy burden that would often fall on volunteer retirees who live on site.
What powers do committee members have under Queensland law? Do officials have to enforce bylaws and correct behaviour?
How much can a body corporate official or manager rely on local authorities to back them up when the perpetrators may not be breaking state laws? Could the police be compelled to assist? An example is teenagers running wild, causing damage in the pool area, and disrupting other swimmers.
Answer: If there is sufficient evidence of a bylaw breach, then yes, the committee is meant to be following that through.
We’re talking about two separate issues here. Not everything which happens in a body corporate is a body corporate issue to address. There’s this idea that everything that occurs within the boundaries of a complex is up to the committee to address. Some things are not for the committee to manage, and some are a police matter, as with your example of teenagers running wild.
I’ve had this question before in different forms. The first thing to do is engage with the parents or guardians and find out what is happening here. In extreme circumstances, say something like child safety, you need to get the police involved.
Coming back to your first issue about bylaws. Yes, the committee does have a legal responsibility to enforce bylaws. If there is sufficient evidence of a bylaw breach, then yes, the committee is meant to follow that through. However, just because somebody alleges a problem with the bylaw doesn’t necessarily make it so.
If I say Nikki is causing noise on the scheme, and I want our bylaw enforced against her, that’s one thing. But I need to come up with evidence. I need to cough up the logbook of all the times that she’s caused me noise. Me saying Nikki is making a lot of noise is not enough, and committees are entirely within their rights to decline to do that.
This post appears in the July 2023 edition of The QLD Strata Magazine.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
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