When By-Law Enforcement Fails: Lessons from a Recent SAT Decision
- leigh_oliver
- Mar 15
- 3 min read
Strata companies occasionally need to take formal action when they believe a lot owner has breached the scheme by-laws. However, a recent decision of the The Owners of Equus (Strata Scheme 62962) v Douglas highlights an important lesson: successful enforcement requires clear evidence of an actual by-law breach and proper procedural steps.
The case provides a useful reminder for Councils of Owners and strata managers about the legal thresholds that must be met before applying to the State Administrative Tribunal (SAT).
The Background
The strata company for the Equus scheme applied to the State Administrative Tribunal (Western Australia) seeking orders against a lot owner, Mr Douglas.
The application concerned two key issues:
Proposed renovation works to the owner’s balcony.
Abusive and offensive communications sent by the owner to the strata manager.
The strata company sought orders preventing the proposed works and addressing the owner’s behaviour.
Notably, the owner did not participate in the proceedings and chose not to attend any of the Tribunal directions hearings, despite being aware of them.
The Proposed Balcony Renovations
The dispute began when the owner emailed the strata manager advising he intended to undertake minor renovations, including:
Tiling over existing balcony tiles
Possibly removing the balustrade to complete the tiling
Installing lighting
Carrying out works around the air-conditioning area
The owner also indicated that if he did not hear back within seven days, he would proceed with the works.
However, the key fact in the case was simple:
The works had not actually commenced.
This created a fundamental legal problem for the strata company’s application.
Under the Strata Titles Act 1985 (WA), enforcement orders generally require that a by-law has already been breached or that certain procedural requirements have been satisfied.
The Tribunal found that:
No by-law breach had been clearly identified.
No evidence had been provided of breach notices.
The works had not yet occurred.
As a result, there was no actual contravention for the Tribunal to enforce.
The Abusive Messages
The strata company also relied on a large number of emails and text messages sent by the owner to the strata manager, many of which contained offensive and abusive language.
The Tribunal accepted that the messages were clearly abusive. However, the critical issue was whether the behaviour breached any of the scheme’s by-laws.
After reviewing the relevant by-laws, the Tribunal concluded that none of them clearly applied to the conduct.
For example:
A by-law prohibiting offensive behaviour applied to conduct affecting owners, occupiers or residents or people on common property.
The messages were sent privately to the strata manager, not to residents or people on common property.
Another by-law prohibiting abusive language applied only to language used on common property or within hearing of people on common property, which did not apply to emails or text messages.
As a result, even though the behaviour was clearly unacceptable, the Tribunal found no enforceable by-law breach.
The Outcome
Because the strata company could not establish that any by-law had actually been breached, the Tribunal dismissed the application.
The decision turned on a key legal principle:
SAT can only enforce by-laws when the legislative requirements are satisfied and a breach has been properly established.
Key Lessons for Strata Schemes
This case highlights several important lessons for strata companies and Councils of Owners.
1. A Breach Must Actually Occur
Tribunals generally cannot make enforcement orders based on possible future breaches. If works have not yet been carried out, enforcement may not be available.
2. The Correct By-Law Must Be Identified
Applications to SAT must clearly specify which by-law has been breached and provide evidence supporting the breach.
3. By-Law Drafting Matters
The outcome of the case also highlights how poorly targeted by-laws can limit enforcement options. If the by-laws do not cover the behaviour in question, SAT may have no power to intervene.
4. Evidence and Procedure Are Critical
Before applying to SAT, strata companies should ensure they have:
Properly issued breach notices where required
Clearly identified the relevant by-laws
Collected evidence of the breach
A Reminder About Proactive Governance
For many schemes, cases like this reinforce the importance of regularly reviewing by-laws. Modern strata schemes face issues that older by-laws may not adequately address, particularly around renovations, communications, and behaviour.
Well-drafted and up-to-date by-laws make enforcement far easier if disputes arise.
Without them, even clearly problematic conduct may fall outside the scope of what can legally be enforced.
🎧 If you prefer to listen, Notebook LM has created this discussion ↓ https://static.wixstatic.com/mp3/a0f1d2_f629499b6a254c6aa5636dd0eaa3022f.m4a
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