---
title: "Notice to comply with a by-law (section 146, NSW): resolution, particulars, covering letter and service record"
url: "https://ailawframework.com/precedents/strata-and-community-titles/notice-to-comply-with-by-law-nsw"
type: "precedent"
site: "AI Law Framework"
id: "a47-notice-to-comply-with-by-law-nsw"
area_id: "A47"
kind: "notice"
ai_level: "yellow"
version: 1
task_ids: ["A47-X20260927-2"]
law_stated_as_at: "2026-10-18"
---

# 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.

Canonical page: https://ailawframework.com/precedents/strata-and-community-titles/notice-to-comply-with-by-law-nsw  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Notice. A formal notice to serve or publish.
- Practice area: [Strata & Community Titles](https://ailawframework.com/precedents/strata-and-community-titles.md)
- Jurisdictions: New South Wales
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the 4 authorities it cites, for New South Wales.

## 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.

## Used for these tasks

- [Prepare a breach notice for a by-law or scheme rule](https://ailawframework.com/practice/strata-and-community-titles.md#A47-X20260927-2)

## 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

## Authorities

- [Strata Schemes Management Act 2015 (NSW) s 146 (notice by owners corporation to owner or occupier)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2015-050)
- [Strata Schemes Management Act 2015 (NSW) s 147 (civil penalty for breach of by-laws; application within 12 months of the notice)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2015-050)
- [Strata Schemes Management Act 2015 (NSW) s 227 (certain applications cannot be accepted without prior mediation)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2015-050)
- [NSW Fair Trading, Notice to Comply with a By-Law (approved form, s 146)](https://www.nsw.gov.au/sites/default/files/2022-03/notice-to-comply.pdf)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/strata-and-community-titles/notice-to-comply-with-by-law-nsw and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*