Notice · Strata & Community Titles

Notice to comply with a by-law (section 146, NSW): resolution, particulars, covering letter and service record

A pack around the approved NSW Fair Trading notice to comply: the resolution that must come first, wording for the contravention and the steps required, a covering letter, and a service and penalty-deadline record.

Kind
Notice. A formal notice to serve or publish.
Where it applies
New South Wales
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
18 October 2026
Status
Maintained. Checked on 18 October 2026 against the 4 authorities it cites, for New South Wales.
Version
1
Source
Written for this library

When to use it

Use when an owners corporation in NSW is satisfied that an owner or occupier has breached a specific by-law and wants to lay the ground for a Tribunal penalty under s 147. One notice per by-law. The notice itself must be in the approved form.

How AI may be used

AI may draft the particulars, the steps required and the covering letter from the complaint file and the by-laws; a lawyer or the strata manager checks the by-law, the resolution and the facts before the notice is signed.

AI may

  • Draft the contravention particulars and the steps required from complaints, photos and correspondence on file
  • Pull the exact text of the by-law from the registered consolidated by-laws so it can be attached
  • Diarise the 12-month deadline for a penalty application from the date of service

AI must not

  • Must not complete or word the affidavit of service on the approved form: that is sworn evidence, completed by the person who served the notice
  • Must not combine more than one by-law in one notice or describe conduct that is not in the evidence
  • Must not alter the approved form or present an AI-drafted letter as if it were the approved form

The lawyer checks

  • The by-law is registered, in force and validly made, and the conduct actually breaches its words
  • A resolution approving the notice (or notices for this type of breach) was passed by the strata committee or general meeting first, unless the scheme has 2 lots or the function is validly delegated to the strata managing agent
  • The notice names the right person (owner or occupier), attaches the by-law and is served by a method the Act and the by-laws allow
  • The service date and the s 147(4) deadline are recorded, and mediation under s 227 is considered before any Tribunal application

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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