Enforcing Owner Maintenance Obligations: A Four-Step Framework

Enforcement Is a Duty, Not a Discretion

Most strata and community committees would rather avoid formal enforcement. It's uncomfortable, it's adversarial, and it can damage relationships in a small group of owners. But under both the Strata Titles Act and the Community Titles Act, enforcement of by-laws and Articles isn't optional — it's one of the corporation's formal functions. Ignoring a breach because it's awkward to address can also undermine the corporation's ability to enforce any by-law later, because consistent failure to act erodes the rules over time.

This article walks through a four-step escalation framework: from the first conversation through to formal statutory notices and self-help by the corporation. For the broader principles around evidence and process, see our guide to by-laws.

When Enforcement Is the Right Tool

Common scenarios where committees need to escalate:

• An owner letting their carport accumulate rubbish, oil, or stored goods (see maintaining carports)
• A lot left untidy or overgrown in breach of the by-laws or Articles
• An owner failing to maintain a structure they're responsible for (a balcony, a fence, the inside surface of an external door)
• Breach of by-law restrictions — pets without approval, unauthorised renovations, signage
• Failure to comply with a council or other public authority order

The Two Routes: Informal vs Formal

Most maintenance breaches resolve at the informal stage. The formal statutory route under Section 28 (strata) or Section 101 (community) is the fallback for situations where informal escalation has failed — or where the breach is serious enough to warrant the formal process from the outset. The four-step process below sets out the typical path.

Step 1: Have a Conversation

It sounds obvious, but it's the step most often skipped. Pick up the phone or knock on the door, identify the issue, and ask the owner (or the tenant's landlord) to address it. Many issues never need to escalate beyond this. Document the conversation in the minutes or a follow-up email — even where everything went well, you need a record that the conversation took place.

Step 2: Issue a Written Notice (the 7-Day Model)

If a conversation doesn't resolve the issue — or if there are reasons not to start with one — send a short, specific written notice. The notice should:

• Identify the specific breach (with photos or other evidence if appropriate)
• State exactly what needs to be done
• Set a clear deadline (typically seven days)
• State the consequence of non-compliance — that the corporation will engage a contractor to do the work and recover the cost from the owner

For tenant-related breaches, send the notice to the owner or their managing agent, not to the tenant directly. The owner is the corporation's contractual counterparty.

Sample Notice Template

Re: Maintenance breach at [unit/lot number] — request to remedy

Dear [owner name],

The Management Committee has identified the following matter requiring your attention at your unit/lot: [describe the breach with reference to the relevant Article or by-law]. Photographs taken on [date] are attached.

This matter is required to be remedied within seven days of the date of this notice, by [date]. Specifically, the following work is required: [describe the action needed].

If the matter is not resolved by the deadline, the Corporation will engage a suitable contractor to undertake the work and the cost will be recovered from you as a debt, in accordance with [Section 28 of the Strata Titles Act / Section 101 of the Community Titles Act].

If you'd like to discuss this matter, please contact [name] on [phone] before [date].

Yours faithfully,
[name], for and on behalf of the [Corporation Name]

Send the notice by registered post or by hand, and keep a copy with the date of service. Email alone isn't recommended for a notice that might end up in court.

Step 3: Formal Statutory Notice

Strata Titles Act, Section 28

If informal notice doesn't produce results, escalate to a formal Section 28 notice. Under Section 28 of the Strata Titles Act, the corporation may, by written notice to a unit holder, require the unit holder to:

• Carry out specified work in pursuance of a duty of maintenance imposed by the Articles
• Carry out specified work to remedy a breach of the Act or the Articles by the unit holder, a former unit holder, or an occupier or former occupier of the unit
• Carry out specified work required by a public authority or council

The notice should set a clear time within which the work must be done.

Community Titles Act, Section 101

The Community Titles Act gives community corporations the equivalent power under Section 101. The wording is very similar — written notice, specified work, defined time — but with two notable additions:

• The corporation can also require work to remedy a situation likely to result in a breach of the Act or by-laws (i.e. preventive action, not just remedial)
• The notice can be served on the lessee where the community parcel is subject to a leaseback arrangement

Step 4: Self-Help and Cost Recovery

If the owner doesn't comply with the formal notice within the time set, both Acts give the corporation the power to step in. A person authorised by the corporation can enter the unit or lot and carry out the specified work, using reasonable force where necessary. The cost of the work is recoverable from the owner as a debt.

There's one critical difference between the two Acts. Under the Community Titles Act, force may not be used to enter a strata lot or a building on any other lot without an order from the Magistrates Court. So for community corporations, plan on getting a court order before any forced entry to a building.

Reasonable notice of the proposed entry must be given to the owner before the corporation enters. If the underlying breach was actually caused by someone else (a tenant, a contractor, a visitor), the owner can in turn recover those costs from the responsible party.

Evidence and Documentation at Every Step

The corporation's ability to enforce — and to recover costs — depends on the quality of the evidence it has in hand. At each step, make sure you have:

• A signed diary or log kept by affected residents, with dates and times
• Photographs, ideally timestamped
• Officer-witnessed observation by a committee member
• A copy of every notice sent, with the date and method of service
• Records of every conversation with the owner or their agent

If the matter ends up in the Magistrates Court, this documentation is what proves the corporation followed proper process.

When to Escalate Beyond Self-Help

Self-help under Section 28 or Section 101 covers most enforcement scenarios. Where the issue is more complex — recurring breaches, an unwilling owner, or a dispute about the scope of the corporation's powers — the next steps are:

• Mediation — see our guide to resolving disputes
• Magistrates Court application as a minor civil action
• Solicitor's advice for matters involving large sums or complex legal questions

Get in Touch

If your committee is grappling with an enforcement issue and isn't sure how to escalate it, we're happy to help. Acacia Collective has worked with strata and community corporations across South Australia on enforcement matters and can guide you through the process.

Call us on 1300 792 255 or email hello@acaciacollective.com.au.