FORM: Strata Company Complaint or Breach of Bylaws

Leave a complaint with ESM to be passed onto your Council of the Strata Company

Summary

Living within a strata complex is unlike living in a green-titled lot or a free-standing house. There are rules (scheme by-laws) which all owners, occupants and invitees must comply with.

Scheme by-laws can include, but are not limited to:

  • Behaviour that could impact on other residents (i.e. noise levels)
  • Keeping of pets
  • Improvements within a lot
  • Parking on or obstruction of common property
  • Hanging washing on balconies

The Strata Company and the Council of the Strata Company have a duty to enforce scheme by-laws. 

If you believe you are in danger, or fear for your safety, please contact the emergency services.

 

Who can Lodge a Complaint, and/or what are Bylaws?

Any member of the Strata Company (or an authorised representative) may make a complaint to the Council of the Strata Company about alleged by-law breaches within the scheme.  

For more understanding of By-laws, please refer to this article.

 
 

Contacting the Strata Company

The person making the complaint is required to put the details of the incident in writing. It is important to note that these complaints are not private and may be used to give evidence in legal or SAT proceedings.  They will also form part of the Strata Company records.

The details you would need to capture are as follows;

Where did it happen? What is the address of the complex
What happened? Brief and detailed description of the incident
Who was involved? Name of the person/s involved and which lot they are from
When did it happen? Date/s and time/s of the incident
How/why did it happen? (if applicable) Did another incident cause this incident to happen (for example, Lot 12 was making undue noise at 7am because he is doing renovations within his lot)
Details of the complainant Full name, email address, best contact number, lot number they reside in, Property Manager/tenant details etc

If this information is not provided, the Strata Company may not be able to take action to resolve the matter.

 
 

What Happens Next?

The Council of the Strata Company will assess the complaint, and decide whether and what course of action is appropriate.  They may issue a warning letter or breach notice to the offending resident based on this (and/or other) complaint(s). 

 
 

Complaints relating to Public Housing Residents

This is information provided by the Department of Housing

Where a public housing tenant is causing a nuisance and breaching the by-laws of the scheme, complaints can be forwarded to your Council of the Strata Company or your Strata Manager. 

Any concerns will be brought to the attention of the relevant team within the Department of Housing, who will then investigate the situation and make a determination in regards to managing the tenant.

The Department of Housing has published two brochures, which are available by clicking the links below:

Dealing_with_Disruption_brochure.pdf

Distruptive_Behaviour_Management_brochure.pdf