NSW strata by-law disputes at NCAT: how to challenge or enforce a by-law
By-laws set the rules of life in a strata scheme — pets, parking, noise, renovations, short-term letting, smoking, hard floors. They bind owners, occupiers, and the owners corporation itself. But by-laws can be challenged, changed, and enforced through NCAT under the Strata Schemes Management Act 2015 (NSW) ("SSMA").
This page covers two paths: challenging a by-law as harsh, unconscionable or oppressive under SSMA s150, and asking NCAT to enforce or vary a by-law under the broad order-making power in s232.
Information, not legal advice. Figures current as at 1 July 2025.
What this dispute is
A by-law is a rule made by the owners corporation that governs the use of lots and common property. By-laws sit in the strata scheme's consolidated by-laws (registered at NSW Land Registry Services). They bind every owner and occupier of every lot. The owners corporation can make, change or repeal a by-law by special resolution at a general meeting — that is, at least 75% in favour of those voting, with no more than 25% against.
NCAT's role splits into two streams. First, under s150 SSMA, NCAT can declare a by-law harsh, unconscionable or oppressive and make orders to amend or repeal it. Common candidates: blanket pet bans (now constrained by s137B — owners corporations cannot unreasonably withhold consent to keep an animal), bans on hanging washing, short-term letting bans, restrictions targeting one lot or one owner.
Second, under s232 SSMA — NCAT's broad order-making power — the Tribunal can make any order it considers appropriate to settle a "complaint or dispute about an exercise of a function" by the owners corporation, a strata committee, a strata managing agent, or a lot owner. That includes orders to enforce a by-law (e.g. against a lot owner who's breaching the noise by-law), to require the owners corporation to do something it should be doing, or to restrain an action.
Time limits that bite
These deadlines are strict. The Tribunal can extend in some cases, but extensions are not automatic — they're weighed on length, reason, prospects and prejudice.
- 60 daysMediation request — Fair Trading typically arranges within this windowSSMA s218 (mediation step)
- After mediationNCAT will not accept most strata applications without an attempted mediation certificateSSMA s227
- 6 monthsGeneral time limit for challenging a by-law from when the breach or dispute crystallisesSSMA practice; check current limits
- 28 daysAfter registration — period in which a notice of resolution to change by-laws must be lodged with NSW LRSSSMA s141
- 28 daysInternal appeal window to the Appeal Panel for strata ordersNCAT Guideline 1
The process, step by step
- 1
Read the by-laws and identify the issue
Get a copy of the registered consolidated by-laws. The strata manager must provide them on request; you can also order a copy from NSW Land Registry Services for a small fee. Read the exact text of the by-law you're challenging or enforcing. Many disputes fall apart at NCAT because the applicant misquotes the by-law or relies on a draft that wasn't actually passed.
Identify which path you're on: (a) challenging an existing by-law as harsh/unconscionable/oppressive under s150, (b) challenging a recently-made by-law as invalid (procedural defect — no special resolution, defective notice of meeting), or (c) seeking an order under s232 to enforce or vary the operation of the by-law.
- 2
Try to resolve internally
Raise the issue with the strata committee in writing. Many schemes will engage if asked properly — particularly where the by-law dates back to a developer template and hasn't been updated. For enforcement issues against another owner, send a short letter to the strata manager outlining the breach and asking the owners corporation to issue a notice to comply under SSMA s146.
A notice to comply is the formal pre-NCAT step for breaches. It identifies the by-law, the breach, and gives a reasonable time to remedy. If the breach continues, NCAT can impose a pecuniary penalty under s147 (up to 10 penalty units, ~$1,100 — verify current penalty unit value).
- 3
Apply for Fair Trading mediation
Most strata applications cannot be lodged with NCAT until mediation has been attempted (SSMA s227). Apply through NSW Fair Trading (free). Mediation is conducted by a Fair Trading officer, usually by phone or videoconference, and is confidential. If the dispute settles, the agreement is recorded.
If mediation fails or the other party refuses to attend, Fair Trading issues a certificate confirming that mediation has been attempted. That certificate is your ticket to NCAT. Mediation can be skipped only in narrow cases (e.g. urgent matters where the Tribunal grants leave).
- 4
Lodging the NCAT application
Use the General Application form via NCAT Online. Fee $127 standard, $32 concession (1 July 2025 schedule). Identify the by-law in question, cite s150 or s232 (or both), and be specific in "orders sought" — e.g. "Order under s150 SSMA that by-law 17 (no pets) be declared oppressive and that the by-law be amended to allow keeping of an animal subject to reasonable conditions"; or "Order under s232 SSMA that the respondent lot owner cease using lot 12 as short-term accommodation in breach of by-law 23 by [date]".
Attach the consolidated by-laws, the relevant meeting minutes, the mediation certificate, and any correspondence.
- 5
Directions and hearing
Strata matters are often listed for a directions hearing first — particularly if multiple by-laws are in play or expert evidence (acoustic, building) is contemplated. The Member sets dates for evidence exchange and the substantive hearing.
At the substantive hearing, bring three copies of every document, paginated and indexed. Lead with the by-law text, the resolution that made it (or the alleged procedural defect), and the facts grounding the s150 or s232 case. Members work systematically through the SSMA — match your submissions to the section numbers.
- 6
Orders, registration and appeals
If NCAT orders that a by-law be made, amended or repealed, the order has the same effect as a special resolution of the owners corporation. The owners corporation must then lodge a notice with NSW Land Registry Services within 28 days under s141.
Either party can appeal to the Appeal Panel within 28 days for strata matters. Appeals on a question of law are as of right; on the facts you need leave.
Evidence that actually works
Cases are lost on missing documents more than on weak arguments. Get these in order before you file.
Registered consolidated by-laws
Get the current registered version from the strata manager or NSW LRS. Verify the exact wording — drafts and proposals don't count.
Minutes of the meeting that passed the by-law
Confirms whether the by-law was passed by special resolution and whether the meeting was properly convened.
Notice of meeting that put the by-law to the vote
Notice must include the text of the proposed by-law (s139). A defective notice can invalidate the by-law.
Fair Trading mediation certificate
Required for most strata applications under SSMA s227. Without it, NCAT may refuse to accept your application.
Correspondence with the strata manager and committee
Shows the internal attempt to resolve. Strengthens your case as a 'reasonable owner' and weakens an oppressive by-law defence.
Photos, video, recordings (with date and time)
For enforcement cases — noise, parking, common-property obstructions. Members give weight to dated, contextual evidence.
Expert reports where relevant
Acoustic engineer for noise/floor-covering disputes; building consultant for renovation by-laws; vet/behaviourist for pet challenges.
Notices to comply issued by the owners corporation
Critical for s147 pecuniary penalty applications — without a notice to comply, the penalty pathway isn't open.
Common reasons people lose
Skipping the mediation step
Most strata applications need an attempted Fair Trading mediation certificate. Filing without one usually means a procedural strike-out.
Challenging the wrong document
By-laws operate from the registered consolidated version — not the AGM draft, not the proposal in committee minutes. Pull the registered version.
Vague 'orders sought'
Asking NCAT to 'do something about the by-law' is not an order. Specify the by-law number, the amendment text, and any consequential orders.
Treating the strata manager as the respondent
The owners corporation is the respondent for most by-law cases — the strata manager acts as agent. Get the OC's full corporate name (e.g. The Owners — Strata Plan No. 12345).
Bringing only one set of documents
Bring three copies — Member, other side, you. Strata matters often have multiple parties (committee, individual owner) — count carefully.
Personal grievances dressed up as by-law disputes
NCAT distinguishes between genuine by-law issues and neighbour disputes. Frame the case around the by-law text and SSMA provisions, not personalities.
Orders NCAT can make
This is the kind of order you can ask for — not a guarantee you'll get it. Frame your application around the order you actually want.
Declaration that a by-law is invalid
Where the by-law was made without special resolution, defective notice, or is beyond the OC's power. The by-law is treated as never made.
Order to amend or repeal a by-law (s150)
Where the by-law is harsh, unconscionable or oppressive. The order has the same effect as a special resolution.
Order to make a by-law
Where NCAT considers a by-law should exist (e.g. to give effect to consent for renovations or to allow a pet under s137B conditions).
Order requiring compliance with a by-law
Order that a lot owner or occupier cease conduct in breach of a by-law (noise, short-term letting, parking) by a specified date.
Pecuniary penalty for continuing breach (s147)
Where a notice to comply has been issued and the breach continues, NCAT can impose a penalty up to 10 penalty units (and 20 for subsequent breaches).
Order requiring the OC to take action
Under s232 — e.g. to repair common property, to convene a meeting, to consider an application properly.
Free help
- NSW Fair Trading — strata mediation
Free mediation service — required for most strata cases.
- Strata Community Association NSW
Industry body — useful for finding a strata manager or template by-laws.
- LawAccess NSW — 1300 888 529
Free legal info line, Mon-Fri 9am-5pm.
- Owners Corporation Network
Advocacy group for strata owners — guidance and templates.
- NSW Land Registry Services
Order a copy of the registered consolidated by-laws.
- Strata Schemes Management Act 2015 (NSW)
The legislation — Pt 7 (by-laws) and s232 (general orders).
Questions self-reps ask
Can the owners corporation just ban pets?
Not since the 2021 reform. Section 137B SSMA says an owners corporation cannot unreasonably withhold consent to keep an animal. A blanket no-pets by-law has been held invalid in cases like Cooper v The Owners — Strata Plan No 58068.
Schemes can require notification, reasonable conditions and procedures, but a flat ban is vulnerable to a s150 challenge. If your scheme has a blanket pet ban, you can apply to NCAT to have it declared oppressive.
Do I have to attend Fair Trading mediation first?
Yes — for most strata disputes. SSMA s218 establishes the mediation step and s227 requires NCAT to refuse to deal with most matters where mediation hasn't been attempted.
Narrow exceptions exist (urgent applications, certain interim orders). Mediation is free, conducted by Fair Trading, and typically resolves within 6 weeks. If it fails, you get a certificate to take to NCAT.
What makes a by-law 'harsh, unconscionable or oppressive' under s150?
There's no closed list. NCAT looks at the by-law's purpose, its proportionality, whether it targets a particular owner, whether it serves a legitimate scheme interest, and whether it goes further than necessary.
Examples that have been challenged successfully: blanket pet bans, severe short-term letting bans, by-laws restricting only one lot's renovations, bans on visible washing without an alternative drying area.
Can NCAT enforce a by-law against a noisy neighbour?
Yes — through a two-step process. First, the owners corporation issues a notice to comply under s146. If the breach continues, NCAT can impose a pecuniary penalty under s147 and make further orders under s232 requiring the conduct to stop.
The Tribunal will want dated records of the noise (audio recordings, neighbour statements, noise logs with timestamps). Vague complaints rarely succeed.
Who is the respondent — the strata manager or the owners corporation?
The owners corporation. Its corporate name follows the format "The Owners — Strata Plan No. XXXXX". The strata manager is an agent, not a separate legal person for by-law purposes.
Get the SP number from your strata roll, your levy notice, or the strata manager. Naming "the strata manager" or "the building" can derail the application.
Can a by-law be changed without a full general meeting?
No. Changing by-laws requires a special resolution at a general meeting (AGM or EGM), with at least 75% of votes in favour and no more than 25% against among those voting.
The notice of meeting must include the text of the proposed by-law (s139). A by-law passed without these steps is open to challenge as invalid.
What if the by-law is fine but the owners corporation isn't enforcing it?
Use s232 to ask NCAT to order the owners corporation to perform its function. An OC has a duty to enforce its by-laws; sustained failure to issue notices to comply or to act on complaints is itself reviewable.
You can also seek orders requiring the OC to act in a specified way — e.g. to issue a notice to comply, to investigate, or to take action on common property.
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NCAT Tracker is not a law firm. This page is information, not legal advice. Figures, fees and statutory periods cited here are current as at 1 July 2025 and are CPI-indexed or amended from time to time — verify on ncat.nsw.gov.au and legislation.nsw.gov.au before you lodge.