Question: Is a tenant liable for a fine when a guest breached a by-law on arrival at the property?
I have been a tenant in our scheme for over six years and have never had a breach notice or any complaints before. Strata have issued me a fine of $88 dollars for a guest urinating in the garden of the complex before they arrived at my lot.
Am I in breach and liable for the fine imposed upon me?
Answer: A strata company can’t issue a fine. Enforcement has to go through the proper legal process.
Based on what you’ve described, not necessarily. In fact, there are a few important issues that need to be considered.
A strata company cannot issue a monetary fine to a tenant because it believes a by-law has been breached.
Some key points are to be considered in our opinion:
- A guest’s conduct can be attributed to the occupier (tenant) if the guest breaches a valid strata by-law while visiting the property.
- However, the strata company must be able to demonstrate that a valid by-law was breached.
- The strata company must also follow the enforcement process set out under the strata legislation and the applicable scheme’s by-laws.
- Under the current WA strata legislation, strata companies generally do not have the power to impose on-the-spot fines in the way a local government or the police can. If a by-law provides for a monetary penalty, enforcement is generally through the appropriate legal process (for example, an application to the Tribunal), not simply by sending an invoice demanding payment.
From your description, you have been a tenant for over six years, and you have no previous breach notices or complaints. A guest of yours allegedly urinated in the garden before they arrived at your unit, and because of that, you have received an invoice or fine for $88.
In our opinion, the strata company cannot simply issue a fine to a tenant or any other scheme participant. The strata company would generally need to establish that the incident occurred, that the person was one of your guests, that any of the strata company’s bylaws were breached and that the enforcement process that is normally required by law has been followed.
We would recommend writing to the strata company asking them to provide:
- the by-law allegedly breached;
- the evidence relied upon;
- the legal basis for imposing the $88 charge;
- an explanation of how the amount was calculated; and
- confirmation of the legislative authority under which they say the charge is payable.
Until they can explain the legal basis for the charge, it is reasonable to question whether the fine issued is enforceable.
The above information is general in nature and should not be considered legal advice.
This post appears in the August 2026 edition of The WA Strata Magazine.
Marietta Metzger
magixstrata
E: marietta@magixstrata.com.au
P: 08 6559 7498
Leave a Reply