My neighbour is breaching a by-law — what can I do?
Answer
If another owner or tenant is breaching a by-law, follow these steps:
1. Try to resolve it directly. Many breaches are accidental and a polite conversation can fix them quickly. Document any agreement in writing.
2. If that fails, write to the body corporate secretary or manager with details of the breach — specific dates, times, and the by-law being breached.
3. The body corporate must investigate and, if a breach is confirmed, issue a contravention notice to the owner or occupant.
4. If the breach continues after the notice, the body corporate can apply to QCAT for an enforcement order.
5. If the body corporate fails to act within a reasonable time, you can apply to QCAT directly to compel it to enforce its own by-laws.
Keep records of everything throughout this process.
This article is general information only and not legal advice.
This is general information only and does not constitute legal advice. For complex matters, consult a licensed strata lawyer.