By-Law Enforcement in Strata and Community Schemes (The Practical Guide)

Living in a strata or community scheme means everyone agrees to follow a set of rules called by-laws. By-laws help keep things fair, safe, and enjoyable for all residents covering everyday issues like noise, parking, pets, and the use of common areas.

But what happens when someone doesn’t follow the rules? There is a clear process for handling by-law breaches, and it’s designed to be fair, transparent, and focused on resolving issues not punishing people.

Below is a simple, step-by-step flowchart of how by-law enforcement works across Australia. While the exact forms and terms vary between states, the general process is much the same everywhere.

Practical Tips:

• Conversations solve most issues. Try that first.

• Keep detailed records at every step (letters, notices, meeting minutes).

• Follow your state or territory’s legislation, procedures must be correct.

• Skipping steps or not following rules can mean your case will be dismissed.

• Avoid legal action at all costs, there are no winners.

Further help

Every lot owner, resident, and committee member benefits from knowing their rights and obligations. This knowledge helps prevent disputes, encourages compliance, and fosters a more harmonious living environment. 

Owners are encouraged to stay informed through state and territory based authorities, such as: 

• NSW Fair Trading 

• Consumer Affairs Victoria 

• Queensland’s Office of the Commissioner for Body Corporate and Community Management 

• Department of Natural Resources and Environment Tasmania

• Uniting Communities SA

• Consumer Protection WA

• Access Canberra

• Consumer Affairs NT

• Strata Community Association (SCA) chapters across Australia 

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Disclaimer: 

This article is intended for general educational purposes only and does not constitute legal or financial advice. Readers should seek independent legal and professional guidance relevant to their specific circumstances and jurisdiction