Community Titles Act 2018

A community corporation may —

give a written notice to a person alleged to have contravened the scheme by‑laws; or

apply to the Tribunal under this section for an order enforcing the scheme by‑laws if —

the contravention has had serious adverse consequences for a person other than the person alleged to have contravened the scheme by‑laws; or

the person has contravened the particular scheme by‑law on at least 3 separate occasions; or

the person has been given notice under paragraph (a) and has contravened the notice.

A written notice given by the community corporation to a person alleged to have contravened the scheme by‑laws must —

specify the particular scheme by‑law that is alleged to have been contravened; and

specify the particular facts relied on as evidence of the contravention; and

specify the action that must be taken or refrained from being taken in order to avoid a continuing or further contravention of the particular scheme by‑law; and

contain an explanation of the effect of this section in terms set out in the regulations.

An application may also be made to the Tribunal for enforcement of scheme by‑laws by —

a member of the community corporation; or

a mortgagee of a lot in the community titles scheme; or

an occupier of a lot in the community titles scheme; or

for exclusive use by‑laws, the owner of a lot that is a special lot or, if the special lots are all of the lots in a community titles scheme, the community corporation for that community titles scheme.

An application can only be made under subsection (3) on the grounds that —

if a person other than the community corporation is alleged to have contravened the scheme by‑laws — the person has been given notice under subsection (1)(a) and has contravened the notice; or

the contravention has had serious adverse consequences for a person other than the person alleged to have contravened the scheme by‑laws; or

the person has contravened the particular scheme by‑law on at least 3 separate occasions.

The Tribunal may, if satisfied that a person has contravened the scheme by‑laws, by order require the person to do 1 or more of the following —

pay a specified amount to the community corporation by way of penalty for the contravention;

take specified action within a period stated in the order to remedy the contravention or prevent further contraventions;

refrain from taking specified action to prevent further contraventions.

The Tribunal’s power to impose a penalty is subject to the following limitations —

a penalty must not be imposed on the community corporation;

a penalty may only be imposed if the Tribunal is satisfied of the matters set out in subsection (1)(b) or (4), as the case requires;

the penalty must not exceed an amount fixed by the regulations;

a daily penalty may be imposed for a continuing contravention only if that is authorised by the regulations.

The regulations may —

specify a maximum amount that may be imposed by the Tribunal by way of penalty for contravention of scheme by‑laws; and

specify circumstances in which a daily penalty may be imposed for a continuing contravention and a maximum amount that may be imposed as a daily penalty.

If an order is made under this section requiring a member of a community corporation to pay an amount to a community corporation, the amount may be recovered by the community corporation, and interest is payable on any outstanding amount, as if —

the member were a member of the community corporation (which may be the case if the order relates to contravention of exclusive use by‑laws); and

the amount payable were an unpaid contribution levied on the member as a member of the community corporation.

An amount otherwise ordered to be paid by way of penalty under this section is recoverable as a debt in a court of competent jurisdiction.