Welcome to Part 2 of the Lifecycle of a Committee — this time, we’re tackling the importance of by-laws.

In Part 1, we explored how a committee is appointed and the responsibilities of each member. Now, in Part 2, we delve into the first major challenge for the newly formed committee at Sesame Street CTS: enforcing its by-laws.

Read on to see how Big Bird handles Oscar the Grouch’s garbage encroachment, Elmo’s unexpected pet predicament, and Bert and Ernie’s unauthorised improvements.

The Committee – Understanding the rules before taking action

Before the committee’s first meeting, Big Bird takes his role as Chairperson seriously. He reviewed the scheme’s governing documents — specifically, the Community Management Statement (CMS), which contains the by-laws — and references the Community Management Act 1997 and Regulations (the Act) to ensure he understands his obligations. But a few questions soon arose.

1. Does Oscar the Grouch have exclusive use rights for his trash can on common property?
The CMS made no mention of exclusive use being granted. By leaving his trash can in a communal area, Oscar is potentially in breach of the by-laws.

2. Did Elmo obtain approval for his two pets?
Elmo has a goldfish (Dorothy) and a dog (Tangawho), but body corporate records showed that no approval has been sought from the previous committee. The by-laws indicate that Sesame Street permits pets with committee approval and has reasonable approval processes that comply with local council requirements. As Elmo is unlikely to know he has contravened the by-laws, the committee may consider granting retrospective approval.

3. Did Bert and Ernie’s renovations comply with the rules?
After a recent storm caused water ingress to an adjoining lot, it is discovered that Bert and Ernie have modified a common wall to install a new window without prior approval. The by-laws require body corporate approval for such works, but a review of records find no request had been submitted. This raises further concerns about unapproved lot improvements and their implications, especially with the new Seller Disclosure Regime taking effect from 1 August 2025.

The case of Count von Count’s late-night calculations

Just as Big Bird is getting a handle on things, a noise complaint lands on his desk. It seems that Count von Count’s enthusiastic counting sessions at the pool — complete with personal rain cloud — are disrupting the quiet enjoyment of common areas.

Big Bird consults the Body Corporate Manager (BCM) and is provided with a contravention notice advising of the by-law breach, requesting that Count von Count refrains from counting loudly in the pool area. Big Bird feels nervous about delivering the notice, as Count von Count has done excellent work with the budgets. Wanting to handle the situation delicately, he decides to talk to committee secretary, Mr. Snuffleupagus, so they can approach him together.

Count von Count’s first reaction was a loud “Ah-Ah-Ah!” But then he realised there were rules in place and didn’t want to upset his neighbours any further. So, he agreed to keep his late night counting private in his cobwebbed castle and bat-shaped car fondly known as the Countmobile.

Taking action: enforcing the by-laws

After presenting his findings to the executive committee, Big Bird instructs the BCM to:

• Issue a by-law contravention notice to Oscar the Grouch, requiring him to remove his trash can from common property.
• Send an email to Elmo with the pet request form and the relevant by-laws, allowing the committee to formally assess his pet situation.
• Draft a memo to all owners outlining the lot improvement approval process and requesting details of any works completed over the last two years. This will help assess whether improvements have been properly undertaken and, if so, ensure they were documented and approved.

Big Bird took on the role of Chairperson to help keep Sesame Street CTS a place where sunny days are the norm, and neighbours can live together in harmony. By enforcing the by-laws fairly and consistently, he aims to preserve the community spirit.

Tune in next week for Part 3, where we explore dispute resolution processes.

Article Contributed by Nicky Lonergan, Managing Director, Archers the Strata Professionals

The post THE COMMITTEE LIFECYCLE PART 2 – BY-LAW MANAGEMENT appeared first on Smart Strata | Body Corporate Management.