Strata Building Management

Lesson 13: Residents, by-laws and disputes

Goal: explain how by-laws are enforced and what your part is, deal with the most common resident issues, and calm a difficult conversation down.

By-laws in brief

By-laws (called rules in Victoria and the ACT, and articles in older SA schemes) are the scheme’s own rules about using lots and common property: noise, pets, parking, rubbish, renovations, appearance, moving in and out. They’re made by the owners, usually by special resolution, and they bind owners and tenants alike.

The law: a by-law can’t override the Act, and in most states it can’t be oppressive or unreasonable. Tribunals regularly strike down by-laws that go too far.

Your part in enforcement

Industry practice: the building manager is the eyes and ears; the committee and strata manager take the formal steps. Unless your agreement and the committee give you the power, you don’t issue formal breach notices. You:

1. Observe and record: what, where, when, who (if known), photos.
2. Have a friendly word first, where it’s safe and appropriate. Most breaches are people who don’t know the rule.
3. Report in writing to the committee or strata manager, with your evidence.
4. Follow up: did it stop?

The formal process differs by state. In Queensland, the body corporate issues a contravention notice, and continued breaches go to the Commissioner’s office. In NSW, the owners corporation can issue a notice to comply, and NCAT can impose a fine if it’s ignored. In Victoria, a breach notice is followed by a final notice, then a VCAT application. The state electives cover each process.

Common issues

Short-stay letting

The law: the rules depend heavily on the state:

• NSW: since 2020 an owners corporation can, by special resolution, make a by-law banning short-term rental accommodation in lots that aren’t the host’s principal place of residence (SSMA s 137A). It can’t ban a host from letting their own home while they live there.
• Victoria: since 2025, owners corporations can make a rule banning short stays (under 28 days) in apartments that aren’t someone’s main residence. A 7.5% short-stay levy applies to most bookings.
• Queensland: by-laws can’t restrict the type of residential use of a lot, so short-stay letting generally can’t be banned by by-law, but guests must follow the by-laws like anyone else.
• Other states: check the state elective and local council planning rules.

Whatever the law, short-stay guests must follow the by-laws. Get to know the agents or hosts, give them the by-laws and your number, and report breaches to them and the committee.

Disputes between residents

You’re not a judge. Practitioner tip: listen, record the facts, explain the process, and refer it on. Don’t take sides, don’t pass on gossip, and don’t promise outcomes. Most states offer free mediation or conciliation for strata disputes (the Queensland Commissioner’s office, NSW Fair Trading, Consumer Affairs Victoria’s guides, community mediation services elsewhere).

Handling an upset or aggressive resident

Most angry residents are frustrated, not dangerous: a leak not fixed, a neighbour’s noise, a feeling nobody’s listening. Practitioner tip:

• Let them talk first. Don’t interrupt or defend.
• Show you’ve heard: “So the water’s come through twice now and nobody’s told you what’s happening. That’s frustrating.”
• Say what you’ll do, and when. Then do it.
• Lower your voice, don’t raise it. Keep a table or doorway between you if you’re uneasy.
• Know your limit. If they threaten, abuse or come close in a threatening way, end the conversation (“I’m going to leave now; we can talk when it’s calmer”), leave, and record it.
• Report it to your employer or the committee. Abuse of staff is a WHS hazard (Lesson 12), and repeated harassment can be a by-law breach or a police matter.

Watch for vulnerable residents too. Building managers are often the first to notice an older resident who hasn’t been seen for days, signs of hoarding, or someone in distress. Know who to call (family contacts if the resident has given them, police for a welfare check, local services) and record what you did.

Privacy

The law: the Privacy Act 1988 (Cth) and its Australian Privacy Principles apply to many businesses that handle personal information, and some strata businesses are covered regardless of size. Even if yours isn’t, treat residents’ personal information as if it were: collect only what you need, keep it secure, use it only for the purpose it was given, and don’t share it with other residents. The strata roll is not a phone book.

At Banksia Court

Lot 41 complains about a barking dog in lot 43 for the third time. You’ve heard it yourself on two afternoons and noted the dates. You speak to the owner of lot 43 (the dog is lonely while they’re at work, and they didn’t know), and report to the strata manager with your notes and the complainant’s diary. The committee writes to lot 43 citing the noise by-law and the pet conditions. The barking stops after a dog walker is booked. No tribunal needed.

On the job 13

List the five by-laws you deal with most. For each, write the formal enforcement step in your state and who takes it. Then write your own one-paragraph script for the start of a conversation with an upset resident.

Sources

• Queensland Government, Body corporate by-laws
• Strata Schemes Management Act 2015 (NSW), s 137A, via Fair Trading Amendment (Short-term Rental Accommodation) Act 2018
• Consumer Affairs Victoria, Making rules to ban short stay accommodation
• Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250
• LookUpStrata, Queensland animal reforms for community titles schemes
• Office of the Australian Information Commissioner, Australian Privacy Principles
• Safe Work Australia, Psychosocial hazards

General education, not legal advice. Strata law is different in every state and territory and it changes often (NSW and Victoria both changed theirs in 2025 and 2026), so check the current Act and your own agreement, and get advice before acting on anything here.