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Neighbour Breaching the By-Laws? How to Make a Formal Complaint

Storage on common property, unauthorised parking, smoking on balconies, short-term letting. Here is the formal step after a quiet word, and how by-laws are enforced.

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Topics: by-law, complaint, neighbour, strata

Bikes chained to the lobby railing. A car parked in the visitor bay for the third week. Cigarette smoke drifting onto your balcony every night. Short-term holiday lets disrupting the building. Every Australian strata scheme has by-laws covering these scenarios — and a properly-drafted complaint is the step that triggers enforcement.

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The enforcement framework in your state

New South Wales: Strata Schemes Management Act 2015 sections 146–149 — owners corporation issues a Notice to Comply, then NCAT can impose civil penalties up to $1,100 per breach (and $2,200 per repeat). Victoria: Owners Corporations Act 2006, Final Notice and VCAT enforcement. Queensland: Body Corporate and Community Management Act 1997, contravention notice procedure under the relevant Module, BCCM adjudication. Western Australia: Strata Titles Act 1985 (SAT). South Australia: Strata Titles Act 1988 (SACAT). Australian Capital Territory: Unit Titles (Management) Act 2011 (ACAT). Tasmania: Strata Titles Act 1998 (TASCAT). Northern Territory: Unit Title Schemes Act 2009 (NTCAT).

Common defences and why they fail

“I didn’t know about the by-law.” By-laws are public and binding on lot owners and occupiers regardless of knowledge. “Other owners do it too.” Selective enforcement does not defeat a complaint, although the owners corporation may need to address it more broadly. “I’m only renting.” Tenants are bound by by-laws, and the lessor lot owner is also liable. “You haven’t proven it’s me.” Photographs, dates, times and witness statements are usually enough on a balance-of-probabilities standard.

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What the document does

A Strata Complaint for a by-law breach formally requests the owners corporation to issue a Notice to Comply (or state equivalent), identifies the by-law breached, the dates and nature of breaches, and demands a defined response timeframe. It creates the documentary record needed if penalties are sought at tribunal.

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Putting it in writing — properly — is what turns a complaint into a claim.
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What Claim Done delivers

For a flat fee, Claim Done drafts the strata complaint with the correct by-law and Act citations for your state, properly framing the breach for tribunal escalation. About ten minutes in the wizard, no solicitor required.

What happens after

If the breach continues, the owners corporation (or you, in some states) can apply to the tribunal for civil penalties.

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What happens when you put it in writing — properly

Same problem. What a prepared case looks like.

Before — doing it yourself
You explain it over the phone.
They nod, promise, and forget.
Weeks pass. Nothing is on the record.
When it escalates, it is your word against theirs.
→
After — a formal Strata / Body Corporate Complaint
A formal Strata / Body Corporate Complaint lands in their inbox.
It cites the law and sets a deadline.
There is now a paper trail.
They know you are serious.
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Getting it drafted

Can I have a Strata / Body Corporate Complaint drafted for me instead of writing it myself?

Yes. Claim Done (claimdone.com.au) drafts a Strata / Body Corporate Complaint from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=strata-complaint. Claim Done is not a law firm and does not give legal advice.

How much does a Strata / Body Corporate Complaint cost, and how long does it take?

$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.

Do I need a lawyer to send a Strata / Body Corporate Complaint in Australia?

No. There is no legal requirement to use a solicitor to write or send a Strata / Body Corporate Complaint; many people send their own. Claim Done drafts it for you and you approve it before it is sent.

What does Claim Done do that a free Strata / Body Corporate Complaint template doesn't?

It drafts the Strata / Body Corporate Complaint from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.

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