How long does the recipient have to comply?

The notice typically gives 28 days — a reasonable timeframe for most breaches. The 28 days run from the date of service of the notice. For ongoing nuisance breaches (noise, smoke), the notice may require immediate cessation. For structural / works breaches (alterations to common property), a longer timeframe may be appropriate. In Victoria, the Notice to Rectify Breach gives 28 days, followed by a Final Notice under s 157 if not rectified.

What penalty can the tribunal impose?

In NSW, NCAT can impose a penalty under s 147 of the SSMA 2015 of up to 10 penalty units ($1,100) for a first breach , rising to up to 20 penalty units ($2,200) where the same by-law is breached again within 12 months of the first penalty order. In Victoria, VCAT can impose a civil penalty of up to $1,100 under s 166 of the Owners Corporations Act 2006. In Queensland, an adjudicator can order compliance and a civil penalty, with QCAT appeals on questions of law. The penalty is payable to the owners corporation, not to consolidated revenue.

Does the lot owner have a defence?

Possible defences include: (a) the notice is procedurally defective (no resolution, wrong form, missing by-law text); (b) the conduct did not actually breach the by-law; (c) the by-law itself is invalid (e.g. discriminatory, beyond power, overreaching the model by-laws); (d) the notice was served on the wrong person (e.g. on a tenant when only the owner can act). A procedurally clean notice with full particulars defeats most of these defences upfront.

Can the OC recover legal costs?

In NSW and most other jurisdictions, the owners corporation may seek to recover its reasonable legal and enforcement costs as part of the tribunal application. Costs are at the tribunal's discretion and are awarded more readily where the lot owner has acted unreasonably or refused to engage. The intention to seek costs should be stated in the notice — it focuses the recipient's mind on the financial consequences.

What if the tenant is breaching the by-law?

The notice is served on the occupier (the tenant), but the lot owner remains ultimately liable — under most strata Acts, the lot owner is responsible for breaches by their tenants. The lot owner should also be notified of the breach so they can take action against the tenant under the residential tenancy agreement. A breach by the tenant is often grounds for the lot owner to terminate the tenancy.

Can the OC fine the lot owner directly?

No — in every Australian jurisdiction, only the tribunal can impose a penalty for breach of a by-law. The owners corporation cannot impose a unilateral fine. Any "fine" levied by the OC without a tribunal order is invalid and not enforceable. The procedure is: notice → opportunity to rectify → tribunal application → tribunal order and penalty.

Does the breach notice show on the lot title?

The notice itself does not appear on the lot title. However, a tribunal penalty order is on the public record and may appear in strata searches conducted on the sale of the lot — disclosing a history of by-law disputes can affect the sale price. A tribunal order requiring rectification of unauthorised works also remains enforceable against future owners of the lot in some jurisdictions.

What about the model by-laws?

Each State has model by-laws (default by-laws that apply unless the OC adopts its own). The model by-laws are a useful baseline but can be amended by the OC by special resolution. The notice should cite the by-law as actually registered against the strata plan / CTS — not the generic model by-law — because the registered version may differ from the model in important respects.

PropertyAustralia

Strata By-Law Breach Notice (Australia)

Every Australian State and Territory operates its own strata / unit titles framework — and each one has its own way of enforcing by-laws or rules. NSW uses a Notice to Comply under s 146 of the Strata Schemes Management Act 2015, with NCAT penalties of up to $1,100 first / $2,200 repeat. Victoria uses a Notice to Rectify Breach with a Final Notice under s 157 of the Owners Corporations Act 2006 and a VCAT civil penalty of up to $1,100. Queensland uses BCCM Form 10 (Continuing) or Form 11 (Future) Contravention Notice under the Body Corporate and Community Management Act 1997, with Office of the Commissioner adjudication and QCAT. The other States and Territories have their own frameworks. Our free template is state-aware: it selects the right Act, the right notice form, the right authority terminology (owners corporation / body corporate / strata company) and the right tribunal pathway — turning a generic complaint into a procedurally valid notice the tribunal will enforce.

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By-law Breach Notice — Notice to Comply with a By-Law

Notice Under Strata Schemes Management Act 2015 (NSW) · 12 June 2026

The Owners — Strata Plan No. 96741

c/- Harbourside Strata Management Pty Ltd, Level 6, 24 Castlereagh Street, Sydney NSW 2000

manager@harboursidestrata.com.au

12 June 2026

Mr Alexander R. Sinclair

12 Marine Parade, Unit 8
Manly NSW 2095

BY-LAW BREACH NOTICE — LOT 8

Strata Plan No. 96741 (12 Marine Parade, Manly NSW 2095) · New South Wales

Dear Mr Alexander R. Sinclair,

You are the lot owner of Lot 8 in Strata Plan No. 96741 (12 Marine Parade, Manly NSW 2095). On behalf of the owners corporation of that scheme, this is formal notice that owners corporation considers you to have breached by-law 14 — Smoke Penetration and requires you to rectify the breach as set out below, in accordance with Strata Schemes Management Act 2015 (NSW).

THE SCHEME AND THE PARTIES

Owners corporation: The Owners — Strata Plan No. 96741
Address for service: c/- Harbourside Strata Management Pty Ltd, Level 6, 24 Castlereagh Street, Sydney NSW 2000
Email: manager@harboursidestrata.com.au
Strata plan / community title scheme: Strata Plan No. 96741 (12 Marine Parade, Manly NSW 2095)

Recipient (lot owner): Mr Alexander R. Sinclair
Address: 12 Marine Parade, Unit 8, Manly NSW 2095
Lot: 8

Governing law: New South Wales, Australia

THE BY-LAW AND THE BREACH

By-law number: 14 — Smoke Penetration
Subject of the by-law: An owner or occupier must not smoke tobacco or any other substance on the common property, and must ensure that smoke from any smoking on the lot does not penetrate to any other lot or to the common property.
Date the breach was identified / commenced: 6 May 2026

Summary of the breach:
Since at least 6 May 2026, smoke from tobacco smoking on the rear balcony of Lot 8 has been penetrating into the living areas of Lot 7 and Lot 9 (the immediately adjoining lots). Three separate written complaints have been received from the owner of Lot 7 (dated 6, 14 and 28 May 2026) and one from the owner of Lot 9 (dated 22 May 2026). The smoke is occurring regularly in the early evening and is clearly detectable in the adjoining lots within 5 minutes of smoking on the Lot 8 balcony.

The conduct described above is, in the view of the owners corporation, in breach of by-law 14 — Smoke Penetration of the registered by-laws for the scheme. The by-laws are binding on every lot owner and occupier under Strata Schemes Management Act 2015 (NSW).

STATUTORY NOTICE FORM

Notice mechanism: a Notice to Comply with a By-Law under s 146 of the Strata Schemes Management Act 2015 (NSW) (Form 6 approved by the Secretary, NSW Fair Trading).

Enforcement pathway: the owners corporation must first resolve to issue the notice (by general meeting or strata committee) and serve the s 146 Notice to Comply, attaching a copy of the by-law; if the breach continues, the owners corporation may apply to NCAT within 12 months of service for a penalty order under s 147, and a fresh notice is required for each by-law breached.

Resolution authorising this notice: issued pursuant to a resolution of the committee passed on 4 June 2026.

Text of the by-law breached:
BY-LAW 14 — SMOKE PENETRATION
(1) An owner or occupier of a lot must not smoke tobacco or any other substance on the common property.
(2) An owner or occupier of a lot must ensure that smoke caused by the smoking of tobacco or any other substance by the owner or occupier or any invitee of the owner or occupier on the lot does not penetrate to any other lot or to the common property.

Prior notice: the owners corporation has already raised the conduct with you. The strata committee chair raised the smoke complaints with you informally by telephone on 18 May 2026 and again on 28 May 2026. A written reminder of by-law 14 was emailed to you on 30 May 2026. The conduct has continued.

PARTICULARS OF THE BREACH

Occurrence log:
Complaints received:
• 6 May 2026 — Lot 7 owner (Ms Helena Park) — written
• 14 May 2026 — Lot 7 owner — written, photographs of smoke ingress
• 22 May 2026 — Lot 9 owner (Mr Joshua Reilly) — written
• 28 May 2026 — Lot 7 owner — written, requesting committee action

Observed occurrences (committee record):
• 18 May, 6:30pm (chair on common property landing)
• 23 May, 6:45pm (chair)
• 1 June, 7:00pm (chair + Lot 7 owner)

Witnesses: Ms Helena Park (Lot 7 owner), Mr Joshua Reilly (Lot 9 owner), the committee chair Ms Sandra Yip.

Documentary evidence: Copies of the four written complaints, photographs taken by the Lot 7 owner showing smoke ingress visible in the Lot 7 living area, the email reminder of 30 May 2026 sent to Lot 8, and the strata committee minutes of 4 June 2026 resolving to issue this notice.

Why this is a breach: the conduct is inconsistent with the express terms of by-law 14 — Smoke Penetration of the registered by-laws for the scheme.

RECTIFICATION REQUIRED AND TIMEFRAME

Required action: Ceasing to smoke tobacco or any other substance on the balcony of Lot 8 or in any other location from which smoke can penetrate to another lot or to the common property; complying with by-law 14 (1) and (2) on an ongoing basis.

Timeframe: within 28 days of the date of this notice.

Good faith offer: The owners corporation is willing to discuss reasonable accommodations — for example, a written undertaking that smoking will be confined to a specified area outside the building — if you contact the strata manager named below within 14 days.

If the breach is rectified within the timeframe above and there is no repetition, no further action will be taken.

ENFORCEMENT PATHWAY AND RESERVATION OF RIGHTS

Tribunal: if the breach is not rectified within the timeframe above, the owners corporation may apply to the NSW Civil and Administrative Tribunal (NCAT) for orders requiring compliance and, where available, for a penalty under Strata Schemes Management Act 2015 (NSW).

Penalty: a penalty of up to 10 penalty units ($1,100) for a first breach, rising to up to 20 penalty units ($2,200) where the same by-law is breached again within 12 months of the first penalty order.

Additional consequences: A tribunal order requiring compliance may have consequences for any insurance claim, any future sale of the lot (the order is on the public record), and any rental of the lot by a tenant (lot owners are responsible for breaches by their tenants).

Recovery costs: the owners corporation reserves the right to recover its reasonable legal and enforcement costs from you as part of any tribunal application.

Reservation of rights: the owners corporation reserves all rights under the registered by-laws, the State or Territory strata Act and the general law.

CLOSING

Please rectify the breach within the timeframe required and confirm in writing that you have done so. If you dispute that the conduct described constitutes a breach of by-law 14 — Smoke Penetration, please reply in writing within 14 days of the date of this notice setting out the reasons. The owners corporation would prefer to resolve this matter without escalation.

Yours faithfully,

David T. Whitmore
Strata Manager for and on behalf of The Owners — Strata Plan No. 96741

OWNER

David T. Whitmore

Strata Manager on behalf of the owners corporation

Date: ____________________

Available as a print-ready PDF or an editable Microsoft Word (.docx) file.

What Is a Strata By-Law Breach Notice?

A strata by-law breach notice (called a "Notice to Comply" in New South Wales, a "Notice to Rectify Breach" in Victoria and a "Contravention Notice" in Queensland) is the formal notice the owners corporation / body corporate gives to a lot owner, occupier or tenant requiring them to rectify a breach of the registered by-laws (or, in Victoria, rules) of the scheme. The notice is the statutory first step in by-law enforcement — without it, the tribunal cannot impose a penalty and the body corporate cannot recover its costs.

Every State and Territory has its own framework. New South Wales uses Form 6 — the Notice to Comply with a By-Law under s 146 of the Strata Schemes Management Act 2015 (NSW) (approved by the Secretary, NSW Fair Trading). The notice must attach a copy of the by-law, must be authorised by a resolution of the owners corporation or the strata committee, and triggers a 12-month application window to NCAT for a penalty order under s 147 (10 units / 20 units repeat — $1,100 / $2,200). Victoria uses a Notice to Rectify Breach (Consumer Affairs Victoria form), followed by a Final Notice under s 157 of the Owners Corporations Act 2006 (Vic), then VCAT proceedings under s 166 (penalty up to $1,100). Victoria uses "rules" rather than "by-laws".

Queensland uses two prescribed forms under the Body Corporate and Community Management Act 1997 (Qld): BCCM Form 10 for a continuing contravention (current breach likely to continue), and BCCM Form 11 for a future contravention (likely repeat breach). Enforcement runs through the Office of the Commissioner for Body Corporate and Community Management (conciliation), a body corporate adjudicator, and ultimately QCAT on questions of law. Western Australia uses the Strata Titles Act 1985 (WA) with SAT as the tribunal and "strata company" terminology. South Australia uses parallel Strata Titles Act 1988 (SA) and Community Titles Act 1996 (SA) Acts with SACAT. Tasmania, the ACT and the Northern Territory each have their own Acts with the Magistrates Court, ACAT and NTCAT respectively.

The notice must be procedurally clean: a valid resolution of the committee or general meeting, the right form, a copy of the by-law breached and a reasonable rectification period. Procedural failure is the most common ground for a lot owner to defeat the notice at the tribunal. Our template combines all these elements into a single state-aware document.

What's Covered in This Template

Our Australian Strata By-Law Breach Notice covers every element a State tribunal expects to see, with state-aware switching across the eight strata regimes.

Owners Corporation / Body Corporate

The strata authority sending the notice — owners corporation (NSW, Vic, ACT), body corporate (Qld, Tas, NT), strata company (WA), strata or community corporation (SA).

Governing State (state-driven)

NSW / Victoria / Queensland / WA / SA / Tasmania / ACT / NT — selects the right strata Act, notice form and tribunal.

Authorised Representative

Strata manager, chairperson, secretary or committee — the person signing the notice on behalf of the OC / body corporate.

Recipient

Lot owner, occupier or tenant — a tenant is served, but the lot owner remains ultimately liable.

By-Law / Rule and the Breach

Number, short title, summary, date of breach and a factual description of the conduct.

Expert: Statutory Notice Form

NSW Form 6 Notice to Comply under SSMA s 146, Vic Notice to Rectify + s 157 Final, Qld BCCM Form 10 / 11 — anchored to the right Act.

Expert: Particulars of the Breach

Occurrence log, witnesses, documentary evidence — what tribunals decide the case on.

Expert: Rectification & Timeframe

Specific required actions, 28-day timeframe (or as appropriate) and a good-faith offer to discuss accommodations.

Expert: Enforcement Pathway

NCAT, VCAT, QCAT, SAT, SACAT, ACAT or NTCAT — the state-aware tribunal, the penalty (NSW $1,100 / $2,200; Vic $1,100), recovery costs and external advice.

Closing and Response Window

A clear 14-day window for the recipient to dispute, plus an invitation to discuss without escalation.

Owner Signature

OWNER signature block — for the authorised representative on behalf of the OC / body corporate.

How to Create a Strata By-Law Breach Notice

Follow these steps to produce a procedurally valid state-aware notice that the tribunal will enforce.

1
Identify the Owners Corporation and the State
Enter the legal name of the owners corporation / body corporate / strata company / strata or community corporation as registered, the address for service (often the strata manager) and the State or Territory. The State selects the strata Act, the notice form, the authority terminology and the tribunal.
2
Identify the Authorised Representative
Enter the name of the person signing on behalf of the OC / body corporate — strata manager, chairperson, secretary, or committee — and the signing capacity. The notice must be authorised by a resolution of the committee or general meeting.
3
Identify the Recipient
Enter the name and address of the lot owner, occupier or tenant. If the recipient is a tenant, the lot owner remains ultimately liable under the registered by-laws / rules.
4
Identify the By-Law and the Breach
Enter the by-law / rule number, a short title, a summary of what the by-law requires, the date the breach was identified or commenced and a factual description of the conduct.
5
Add the Statutory Notice Form (Expert)
The state-aware notice mechanism — NSW Notice to Comply (Form 6, SSMA s 146); Vic Notice to Rectify + s 157 Final; Qld BCCM Form 10 (Continuing) or Form 11 (Future). The resolution authorising the notice (committee or general meeting), the date, and the full text of the by-law.
6
Add the Particulars of the Breach (Expert)
An occurrence log (dates, what happened), named witnesses (owners of affected lots, committee chair, building manager) and documentary evidence (written complaints, photographs, video, building access records).
7
Set the Rectification Action and Timeframe (Expert)
Specific actions the recipient must do or stop doing — observable from outside the lot. A reasonable timeframe (28 days standard) and any good-faith offer to discuss accommodations.
8
Add the Enforcement Pathway (Expert)
The state-aware tribunal — NCAT, VCAT, QCAT, SAT, SACAT, ACAT or NTCAT — the penalty available, the intention to recover OC costs, and any external advice obtained.

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Legal Considerations

Australian strata by-law enforcement is procedurally strict — the notice must be valid before any penalty can be imposed. Get it right at the notice stage and the case is much easier at the tribunal.

This template is for informational purposes only and does not constitute legal advice. State and Territory strata regimes differ significantly in detail. For substantial breaches, repeat offenders or complex enforcement matters, obtain advice from an Australian strata lawyer or your State strata commissioner / consumer affairs office.

Reviewed for Australian strata enforcement law

The Resolution Requirement

In every Australian jurisdiction, the owners corporation / body corporate must resolve to issue the by-law breach notice — usually by the committee, sometimes at a general meeting. The strata manager cannot issue the notice on their own initiative; without a valid resolution, the notice is defective and the tribunal application can be defeated. Record the resolution date and type (committee or general meeting) in the notice.

The Prescribed Form (Where Any)

New South Wales requires the Form 6 Notice to Comply approved by the Secretary, NSW Fair Trading. Queensland requires the BCCM Form 10 (Continuing Contravention Notice) or BCCM Form 11 (Future Contravention Notice). Victoria uses the Notice to Rectify Breach approved by Consumer Affairs Victoria. The other States and Territories do not prescribe a form but follow the same broad structure. Using the prescribed form (where any) is essential.

The Reproduction Requirement

The NSW Notice to Comply must attach a copy of the by-law — without it, the notice can be defeated on procedural grounds and the tribunal application fails. The other States do not strictly require reproduction but every tribunal prefers to see the full text because it removes any argument about what conduct was actually prohibited. Always paste the by-law or rule as registered into the notice.

The Tribunal Application Window

In NSW the owners corporation has 12 months from service of the Notice to Comply to apply to NCAT for a penalty order under s 147 of the SSMA 2015. Outside that window the right is lost. The other jurisdictions have similar (often shorter) windows. Diary the application window in the strata register and lodge the application promptly if the breach continues.

Owners Corporation vs Body Corporate Terminology

The correct legal term differs by jurisdiction: owners corporation in NSW, Vic and the ACT; body corporate in Qld, Tas and the NT; strata company in WA; strata corporation or community corporation in SA. Victoria uses rules rather than by-laws. Using the wrong term is not strictly fatal but signals to the tribunal that the OC may not have followed the right framework. Our template selects the right terminology from the governing State.

Frequently Asked Questions

Serve a Procedurally Valid By-Law Breach Notice

Select the State or Territory, identify the recipient and the by-law breached, set the rectification action and produce a procedurally valid notice with the right form, the right authority terminology and the right tribunal pathway — ready to serve. Cross-link to the Doxuno Australian Strata Levy Payment Plan Request and Fencing Notice templates for related strata and neighbour matters.

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