This article discusses strata committee by-law enforcement, explaining whether a committee can choose not to act on an alleged breach and what record-keeping obligations apply to that decision.
Question: Can the committee decide not to enforce a by-law? If this is the decision, are they required to have minutes of a meeting about that decision?
As an owner in the body corporate, I have provided a form 1 to the committee because there is a by-law breach. A rubbish bin is stored on common property.
It is a clear breach of the by-law, but the committee has advised they will not enforce it.
I have asked for meeting minutes to see the votes but have been told there was no meeting.
Can the committee decide not to enforce a by-law? If this is the decision, are they required to have minutes of a meeting about that decision?
Answer: The body corporate can decide not to enforce a by-law, even if you believe there is a ‘clear’ contravention.
Yes, the body corporate can decide not to enforce a by-law, even if you believe there is a ‘clear’ contravention. The body corporate may not, for example, think there is sufficient evidence to support your allegation (remembering it is an allegation only at this stage).
When the body corporate makes this – or indeed, any – decision, yes, there should be a record of it. Committees can make decisions by a vote outside committee (for example, a decision made by an exchange of emails), and in that case, the decision should be ratified at the next committee meeting. Either way, there should be a record of the decision.
You can enforce the alleged by-law contravention yourself if you so choose. For more information about that process, take a look at this excellent flowchart from the Commissioner’s Office.
This is general information only and not legal advice.
This post appears in the September 2023 edition of The QLD Strata Magazine.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
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