How to handle conduct-rule complaints in a complex
Noise after hours, visitors parking in someone else's bay, a dog that barks all day: conduct-rule complaints are the most common source of friction in any complex. Handled badly, they turn neighbours into enemies and trustees into targets. Handled fairly, most are resolved with a single letter.
Start with the rules themselves
Every sectional title scheme has conduct rules that bind owners, tenants, their visitors and employees. The rules can only be changed by a special resolution of the owners and must be approved by the Community Schemes Ombud Service (CSOS). Before acting on a complaint, check that the rule you are relying on is in your approved rules.
A fair process, step by step
- Get the complaint in writing. Ask for the date, time, what happened and any photos. Log it with a reference number so nothing is forgotten.
- Check for a conflict. A trustee with a personal interest, for example where the complaint involves their own tenant or neighbour, should step out of the decision.
- Send a first written notice. Describe the conduct, quote the rule, and invite the owner or occupant to respond. Most issues stop here.
- If it continues, send a second notice inviting them to a trustees' meeting, with enough notice to prepare.
- Hear both sides. Let the owner explain, and consider what they say before deciding.
- Decide and record. Minute the decision and the reasons, and tell the owner in writing.
Can the body corporate fine owners?
Only if a penalty rule is included in the scheme's approved rules. The rule must be reasonable and fair, the amounts should be clearly set and approved by the owners, and a fair hearing must come first. Fines are charged separately, not hidden inside levies. Skipping the hearing is the quickest way to have a fine set aside.
Be consistent
Apply the rules the same way to everyone, including trustees. Selective enforcement destroys trust and undermines every future complaint.
When it cannot be resolved
If a dispute cannot be resolved inside the scheme, an owner, occupant or the body corporate can apply to the CSOS. The CSOS usually tries conciliation first, and if that fails the matter can go to adjudication.
How we help
Cloud Hawk logs every complaint as a ticket, sends the notices and conduct-rule letters on behalf of the body corporate, keeps the records and prepares the paperwork for trustee hearings, so the process is fair and documented. Residents can report issues on WhatsApp at any hour.
This article is general information, not legal advice. For a specific dispute, speak to a sectional title attorney or the CSOS.