Live 24/7 Business Contract Review — $79 · delivered in 15 minutes Start Now →
02 5502 3022
← Legal Guides 14 May 2026

Neighbour Breaching the By-Laws? The Formal Complaint That Forces Compliance

Storage on common property, unauthorised parking, smoking on balconies, short-term letting. Here is the formal step that turns a quiet word into enforceable action.

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.

The enforcement framework in your state

NSW: 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). VIC: Owners Corporations Act 2006, Final Notice and VCAT enforcement. QLD: Body Corporate and Community Management Act 1997, contravention notice procedure under the relevant Module, BCCM adjudication. WA: Strata Titles Act 1985 (SAT). SA: Strata Titles Act 1988 (SACAT). ACT: Unit Titles (Management) Act 2011 (ACAT). TAS: Strata Titles Act 1998 (RMPAT). NT: 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.

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.

What Claim Done delivers

For a flat $79, 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

Most lot owners stop the breach once a Notice to Comply is issued because the prospect of $1,100+ tribunal penalties is a strong incentive. If the breach continues, the owners corporation (or you, in some states) can apply to the tribunal for civil penalties.

Don't Let Them Off the Hook.

You've read how it works — now have your Strata / Body Corporate Complaint drafted, formatted and sent for a flat $79.

Start Strata / Body Corporate Complaint — $79 →
Flat fee. No subscription. Available 24/7.