What is a written notice? (breach notice)
Breaching scheme by-laws
What is a written notice?
A written notice is a letter to the occupier or owner of a lot advising them that they have contravened one or more scheme by-laws.
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STGR 2019 Explanation of S47
Strata Titles (General) Regulations 2019 -Explanation of S47 .pdf
Why are they needed?
A written notice is sent to formally notify the lot occupier of the allegation. A copy of the correspondence is then kept on file as part of the Strata Company records. If the matter persists and is brought before a Tribunal, written notices form evidence demonstrating efforts made by the Strata Company to formally notify the occupier that the behaviour was in breach of a by-law (s). The Council of the Strata Company must ensure that by-laws are followed so everyone in the scheme can enjoy their home environment.
Who sends these out?
The Strata Manager will usually compose and send the notice, following a formal request from the Council of the Strata Company giving details of the allegations.
When are they sent?
The notice is sent out as soon as practicable following a request from the Council. The Council may request that before a written notice, the Strata Manager may try calling the occupier to have a friendly word, which may escalate to a written notice if the matter is not concluded.
How much will it cost?
The written notice itself cannot include a penalty for the breach. If the breach persists and the matter is heard and upheld by SAT, then the member may enforce a pecuniary punishment - such as a fine.
Can I dispute a written notice?
Yes, if you think that you have been sent a notice in error and you have not committed any breach, please email us and we can pass your information back to the Council of the Strata Company.
Where can I get a copy of the by-laws?
A copy of the standard Governance and Conduct by-laws can be found here. If your Scheme has a Management Statement or other non-standard by-laws - you should refer to these via your strata plan. Your strata plan will show if there is a Management Statement lodged for the scheme on the first page. Additional by-laws are noted on the final page under their document number. You can get in touch with us if you require further assistance.