This article discusses how to respond to being served a Form 10 notice issued for alleged by-law breaches related to owner communications in a QLD body corporate.
Question: How should I respond to being served a Form 10 notice after emailing owners about body corporate matters?
I run a community Facebook page for our unit scheme and have received a Form 10 notice, which I believe relates to emails I sent to other owners about the scheme’s mismanagement. I intended my messages to inform owners, but some found them objectionable or considered them SPAM and made complaints. How should I respond to the Form 10, and what rights do I have in this situation?
Answer: You can choose to remedy the contravention within the time provided or apply to the Commissioner’s Office to challenge the decision-making process.
A body corporate may issue a contravention notice to an owner or occupier when it reasonably believes a by-law has been contravened. A Form 10 Notice is used where a contravention of the by-laws has occurred, and the circumstances are such that the contravention will likely continue.
Typically, although it would depend on what is alleged in the notice, an alleged contravention involving communications or behaviour that has contravened a by-law would be the subject of a Form 11 Notice. The contravention notice must set out the relevant by-laws and provide details on how those by-laws have been contravened. Generally, a person receiving a contravention notice can choose to remedy the contravention within the time provided or apply to the Commissioner’s Office to challenge the decision-making process that led to the contravention notice being issued. There are further steps available to a body corporate if a person does not comply with the contravention notice. Additionally, a user of a Facebook page needs to consider their exposure to defamation claims, which are separate from any contravention of a by-law, and the overall value of communicating with residents in that way (see my earlier guidance on Facebook pages).
Brendan Pitman Grace Lawyers E: brendan.pitman@gracelawyers.com.au P: 07 5554 8560
This post appears in the November 2025 edition of The QLD Strata Magazine.
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