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What is a Breach Notice?

Understanding Breach Notices in Perth Strata Management



In Perth, strata living has become an increasingly popular choice for residents seeking community living with shared amenities. However, communal living comes with the responsibility of adhering to the by-laws set by the strata scheme. One crucial aspect of maintaining harmony is understanding breach notices in strata management. This article provides insight into what breach notices are, how they function within Perth's strata schemes, and the importance of proper reporting.


What Is a Breach Notice in Strata Management?

A breach notice is a formal document issued to a resident or owner who has allegedly violated the by-laws of their strata scheme. Under the Strata Titles Act 1985 (WA), breach notices are essential tools used to address and rectify behaviors that disrupt the community's peaceful living environment. Common breaches include:

  • Excessive noise

  • Unauthorized pets

  • Parking violations

  • Misuse of common property

Reporting a Nuisance in Perth Strata Schemes

If you're experiencing a nuisance or witnessing a by-law violation, it's important to report it appropriately. At Abode Strata, we provide a Report a Nuisance Form that complies with the Strata Titles Act 1985 (WA). This form ensures:

  • Written Documentation: All complaints must be formally submitted in writing with detailed information about the alleged offense. Residents can refer to the full list of standard by-laws here for more information.

  • Complainant Details: Your contact information is required for official records and potential legal proceedings.

  • Anonymity Assurance: Your identity remains confidential unless the matter escalates to the State Administrative Tribunal (SAT), where disclosure may be necessary.

Note: Verbal or incomplete complaints cannot be accepted under the Act.


What Happens After a Complaint Is Submitted?

Once you've reported a nuisance:

  1. Council of Owners Review: The Council of Owners evaluates the complaint and decides whether to issue a warning letter or a formal breach notice.

  2. Strata Manager Action: Acting on the Council's instructions, the strata manager communicates with the involved parties to address the issue appropriately.

The strata manager's role is to facilitate the process based on the Council's decisions, ensuring that all actions align with legal requirements and community standards.


Structure of a Breach Notice

A breach notice typically includes:

  1. Particulars of the By-Law Breached: A clear reference to the specific by-law violated. Residents can refer to the full list of standard by-laws here for more information.

  2. Facts of Allegation: Detailed information about the breach, including dates, times, and descriptions of the incidents.

  3. Required Action: Instructions on how to remedy the breach within a specified timeframe, usually 14 days.


What Happens If the Breach Isn't Remedied?

If the breach isn't addressed within the given timeframe, the matter may be escalated to the State Administrative Tribunal (SAT). Under Section 47 of the Strata Titles Act 1985 (WA):

  • Enforcement Powers: The SAT can enforce by-laws and issue orders to resolve persistent non-compliance.

  • Possible Penalties:

    • Imposing fines up to $2,000 payable to the strata company.

    • Ordering specific actions to correct the issue or prevent future breaches.

    • Mandating that the resident refrains from certain actions to avoid further violations.

This escalation ensures that ongoing issues are handled fairly and legally, maintaining the integrity of the strata community.


Importance of Breach Notices and Proper Reporting

Breach notices and structured reporting are vital for fostering a harmonious living environment in Perth's strata communities. They:

  • Promote Accountability: Encouraging all residents to adhere to community by-laws.

  • Facilitate Clear Communication: Providing a formal method to address concerns.

  • Ensure Legal Compliance: Aligning with the procedures set out in the Strata Titles Act 1985 (WA).


How Abode Strata Can Assist

At Abode Strata, we're committed to helping Perth's strata communities thrive. Our services include:

  • Guidance on By-Laws: Assisting residents in understanding the community rules.

  • Efficient Reporting Processes: Offering user-friendly tools like the Report a Nuisance Form.

  • Professional Mediation: Helping resolve conflicts amicably before escalation is necessary.

For more resources or personalized assistance, please visit our Resource Library or contact your strata manager directly.

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