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  • Writer's pictureGuy Elliott

Who Enforces the by laws in my complex

Why is the caretaker not enforcing the by laws ?

The answer is the by-laws of your body corporate are not their responsibility to enforce and the caretaker has no power to do so.

A caretaker has no direct relationship with unit owners other than if they are acting for them as letting agent. In that sense, they report to owners about their rental returns, property management etc. In the caretaking side of things, a resident manager will usually be obliged to report to a liaison person on the committee about all caretaking issues.

It is the committee alone who can enforce by-laws
Body corporate cannot delegate the power to enforce by-laws. Taking action for breaches of by-laws is something that only a body corporate can do. Read more here
To read Sailfish Point By Laws Click Here

Another hot topic is just because a developer wrote down some by-laws on a piece of paper does not make them legally enforceable on many occasions by laws are not worth the paper they are written on.

Perfect example is no pet policy

- By-laws that are prohibitory in nature are unlawful. This does not mean owners can do what they like you may still require permission from the body corporate to have a pet it just means body corporate can not say no they have to have a valid reason. Body Corporate cannot automatically refuse all requests, or refuse them without rational justification, or rely on irrelevant considerations.

Living in a Community titles schemes normally means compromise, living close to your neighbours its important that every owner uses common sense, remember to consider your neighbours because that is really the best solution if everyone would take 2 seconds to consider how there actions might effect their neighbours.

Its also a popular argument for committee to argue with the caretaker about tenants actions. If your the owner of the property the caretakers letting business requires him to report to the owner of the property, a lot of the time the owners get paid rent by the tenant and do not wish to remove a tenant because of a minor infringement and this relation ship has absolutely zero to do with the committee members and owners of other lots.

The legislation sets out procedures for enforcing by- laws which the body corporate are obligated to enforce under the act to find out more Click Here

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