Question: What can a committee do to progress a smoking by-law complaint if no members feel safe attending conciliation due to the tenant’s aggressive behaviour?
The residents and committee are having difficulty enforcing a by-law regarding smoking with a tenant. The committee has issued escalating communications regarding repeated breaches, and the next step is to apply to the Magistrates Court. The magistrate will likely require both parties to attend a conciliation process before hearing the case in court.
The tenant is aggressive and unpredictable. No committee members are willing to represent the committee in a conciliation process. The committee members are all residents of the scheme and neighbours of the tenant. It is impossible to be anonymous, and safety is a concern. What can the committee do to progress this complaint regarding continued breaches of the by-law?
Answer: If volunteer committees are feeling unsafe, the property manager and landlord have got to step up and take action.
You say this is going to the Magistrates Court. It is important to clarify if you mean it is going to the Commissioner’s Office. While it is possible to go directly to the Magistrates Court, that happens in very few instances, with most by-law cases going to the Commissioner’s Office in the first instance.
It is at the Commissioner’s Office where conciliation will very likely be required as the first step. As you correctly point out, it is not possible to be anonymous in such a process. There are provisions under Queensland strata legislation that may allow the conciliation process to be avoided in circumstances where there is a threat of violence among the parties. I cannot comment on whether this situation qualifies, nor could I comment on whether the Commissioner or her delegates would approve such a request – it is something you would have to investigate with that Office and articulate your concerns with them.
Obviously, the situation regarding the tenant (aka, occupier) is a sensitive one for you, and I’m sympathetic to your situation. That said, I think your first step is to ensure that the committee has the resolve and resilience to see this through, as there is no point in initiating it otherwise. It is an unfortunate reality of strata that in seeking to carry out your obligations as a committee, you may find yourself on the receiving end of negative reactions. Is that fair? No, of course not. Although, it is the system we have for the time being.
Depending on the nature of the occupier’s behaviour (and I do not want to make assumptions about it at this stage), there may be some scope for you to involve their property manager, the landlord, or perhaps even family members or a guardian, if applicable or appropriate. That might give you a buffer and some more options. Frankly, I think that if volunteer committees are feeling unsafe, the property manager and landlord have to step up and take action as well.
If any of the occupier’s conduct warrants it, you need to raise concerns with the Police: not everything that happens in strata is a strata issue to deal with.
This is general information only and not legal advice.
This post appears in the August 2025 edition of The QLD Strata Magazine.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898