At TCM Strata, we believe that respect, cooperation, and clear communication form the foundation of a well-run community. We actively support bodies corporate to enforce by-laws fairly—whether addressing noise concerns, managing pets, or resolving parking issues. By following a structured enforcement process, we help protect everyone’s rights and preserve the sense of pride people feel in their community.

Here’s our step by step guide to enforcing body corporate by-laws:

Step 1: Identify the Issue

Start by recognising when someone may have breached a by-law. Residents, committee members, or your Body Corporate Manager can report potential issues. To support any follow-up, document the situation clearly—include dates, times, photos, videos, or witness statements. This helps ensure the response is fair and based on facts.

Step 2: Address the Breach

In many cases, a friendly conversation or written reminder can resolve the issue. Often, people breach by-laws simply because they don’t know them. Taking a collaborative and respectful approach can resolve problems early without formal action.

If needed, the committee can choose to issue a letter on behalf of the body corporate. When writing the letter, make sure to:

• Clearly identify the relevant by-law
• Outline the specific details of the alleged breach
• Provide a reasonable timeframe for the person to rectify the issue

The resident involved has the opportunity to respond. They might acknowledge and fix the issue or provide further information. Keeping communication open and respectful often leads to amicable solutions.

Step 3: Issue a Contravention Notice

If the breach continues, the next step may be to issue a contravention notice. This requires formal committee approval, and must follow the steps set out under the Body Corporate and Community Management Act 1997.

Step 4: Dispute Resolution – Conciliation

If things still aren’t resolved following the issue of a contravention notice, you may wish to proceed down the path of dispute resolution, per the steps outlined in the Body Corporate and Community Management Act 1997. The first step will be conciliation, which can provide a balanced platform to work through the dispute. A neutral third party helps find common ground and restore community goodwill.

Step 5: Seek an Adjudicator’s Order

If conciliation does not successfully resolve the matter, the next step is to apply for an adjudicator’s order through the Office of the Commissioner for Body Corporate and Community Management. The adjudicator has the authority to require compliance and resolve the matter.

Step 6: Legal Enforcement (Last Resort)

In rare cases where serious breaches persist and no other resolution is achieved, court action may be considered. This step is only taken when absolutely necessary, as our focus is always on preserving community harmony wherever possible.

Why a Clear Process Matters

Having a visual by-law enforcement flowchart helps committee members, owners, and residents alike understand each step and their rights. It’s about consistency, fairness, and transparency—values that are at the heart of everything we do at TCM Strata. When by-laws are enforced in a clear and respectful way, it fosters a more vibrant, cohesive, and happy community.

Learn more here: https://www.qld.gov.au/law/housing-and-neighbours/body-corporate/by-laws

We hope you have found our step by step guide to enforcing body corporate by-laws informative.

Want a downloadable By-Law Enforcement Flowchart designed especially for your scheme? Contact Us  – We’re here to support stronger, better-connected communities.