My daughter has just inked her very first lease on her very first home away from home. Unfortunately for her, her new home is in a body corporate, a subject I know quite a lot about, and am moved to share at the slightest provocation.
I’m fairly confident she ignored ever word I said, but it is a subject of great interest to both investors, resident owners and tenants alike.
This article outlines a tenant’s rights and responsibilities in strata schemes, which luckily are actually very straightforward.
Lease agreements
Lease agreements are no different for strata schemes than for other forms of residential real estate.
A lease is a binding contract between the tenant and the lessor.
As part of the lease the lessor grants the tenant the right to occupy the lot, and in the case of strata schemes, some of the rights that come along with that lot.
Those rights will include use of the common property, stairways, parking, pools or whatever facilities a strata scheme has, in so far as those rights are invested in the lessor.
So if the lessor has exclusive use of a car space or storage area, so too will the tenant, assuming the right forms part of the lease agreement. If a lessor has no right to use of an area then neither will the tenant.
This is an important distinction because there are contractual relationships that exist here.
The tenant and the owner have a relationship.
The lot owner and the body corporate have a relationship.
The tenants and body corporates do not have a relationship, notwithstanding the tenant must obey the by-laws of the body corporate the same as every other resident or visitor.
By-Laws for tenants and body corporates
When you read through body corporate by-laws there are distinctions between rules that apply to residents and those that apply to lot owners.
A resident is someone who lives in a strata scheme.
A lot owner is someone who owns a lot in a strata scheme.
A lot owner may be a resident, but not all residents are lot owners. Some residents are, of course, tenants.
Some by-laws will apply only to lot owners (eg by-laws relating recovery of overdue levies) and others will apply to any resident of the scheme (eg by-laws relating to appearance of the lot) whilst still others will relate to everyone, be they resident, owner or visitor (eg rules regarding use of common property).
Everyone, be they committee, owner, tenant or visitor, must comply with the by-laws that apply to them.
Lessors are responsible for ensuring their tenants, and by extension their tenants visitors, comply with the by-laws.
Pets
Your lease will dictate whether or not the lot owner allows pets.
If the lot owner will allow a pet, that doesn’t automatically mean the body corporate will. Almost all body corporates’ have by-laws controlling pets.
For the most part that will be that the pet must be approved, with conditions, prior to being installed in the property. There will likely also be restrictions on size, noise and a host of other things.
If you wish to have a pet, you, or more likely your lot owner, will need to seek, and be granted, permission from the committee prior to proceeding.
It’s a bad idea to flaunt body corporate by-laws regarding pets. It’s very unlikely to be ignored, will create tension between you and the other residents and problems for your lessor.
Tenants Right of Enjoyment
Just as tenants must observe the by-laws so too must other residents, be they lot owners or other tenants.
Tenants have entered into a contract to lease the property, in return for paying rent, and as part of that agreement they can expect the right to quiet enjoyment of said property.
Sometimes though that doesn’t happen.
Tenants who have an issue should absolutely make a complaint. Initially all complaints should be dealt with by the simple premise of asking whomever to stop what they’re doing.
If that doesn’t work unfortunately it’s a bit of problem for the tenant.
The body corporate is a co-operative of lot owners, and, it’s only the lot owners who have a voice in what happens within the scheme, including policing of by-laws and resident behaviour.
The tenant doesn’t have a “voice” so they must rely on someone who does.
All complaints should be made to their lot owner, or, if applicable, the lot owner’s agent. It will then be up to the lot owner or agent to forward that complaint to the body corporate committee.
The reverse will happen as well: if another resident has a problem with a tenant they will make a complaint, usually directly to the tenant first, then if the behaviour persists, to the lot owner or agent who should then communicate the issue to the tenant.
A body corporate cannot evict a tenant; there is no contractual relationship there to end.
If problems with tenants are persistent the body corporate has no recourse other than to pressure the lot owner to bring the tenant into line under clauses within the lease agreement.
Tenants, common property and repairs
The same issues arise when problems come up relating to the repair or upkeep of the common property.
Anything within the lot is tenant, and by extension lessor responsibility. Anything outside of the lot is common property and body corporate responsibility.
Any damage to common property by the tenant will be charged to the lot owner who must then recover the costs from the tenant.
Sometimes problems occur in the lot which originate on common property, or even another lot. An example would be an overflowing washing machine in the lot above or a leaking pipe that originates on common property but leaks into the lot.
Addressing these sort of problems is, again, a matter between the lot owner and the body corporate.
The tenant should make a complaint directly to their lot owner and agent who forward the matter to the committee or body corporate manager.
New buildings
Cosmetic building defects must be reported within the first six months to be rectified under building warranties.
If you’re the first resident of a brand new lot report all building defects to the builder, or if you’re a tenant, your lessor, as quickly as possible or you may risk losing your window of opportunity.
Structural defects should also be reported, but you have longer time frames to rectify these issues under warranty.
Conclusion
Tenants must obey the by-laws intended to enforce the peace and quiet enjoyment for all lots within the scheme, including theirs.
Pretty much, that’s the extent of their involvement in the body corporate. In all other matters they must deal directly with their lessor.
photo credit 1: Editor B via photopin cc photo credit 2: Sergiu Bacioiu via photopin cc
Unless stated otherwise all the information on this website relates to Queensland legislation.
If tennants are required to park their vehicles on the roadside because of work being undertaken in the complex in which they live do they have any redress is their vehicle is damaged?
Hi Karen
I really couldn’t say to tell the truth. It’s a bit of a grey area. If there was damage done it would be on a case by case basis but I would think that whomever caused the damage would be responsible, not the body corporate.
Hi so what if the damage was done by the lawnmower person lets say he was mowing the lawn a stone flicked up and smashed a window on my car and was not reported whos liable for the damages
Hi Jonathon
I’d suggest this is an action in tort … meaning that the person who did the damage is the one responsible. You could try arguing the body corporate is responsible as the ’employer’ but I don’t know how successful you’d be. Presumably the person was a contractor and is responsible for their own negligence.
Hi Lisa,.
Im having an issue with body corporate where live & i also work as the cleaner in the building. The first problem that occurred was he acussed me of going on the roof & breaking something there as I have one of the main keys to open the rooms for cleaning but have had no reason to go on the roof at all. He said it must had been me, he then spoke to my employer about this as also when he had accused me I went straight to my employer as what he said I had done which I had not, I was so upset as this could had cost me my job, when the body corporate told me of this I said to him it wasn’t me why wouldn’t just check the cameras then you may find out that you are blaming the wrong person, he said theres no cameras there so I will need to contact the police as it is a break in no one should be going up there for investigation,. I was totally happy for him to do so so I wasn’t to blame I also mentioned I will b more than glad to get my finger prints done if needed,. So at least I’m cleared,. It was very distressing as possibly I could lose my job,. As I have found he talks about iusses that don’t concern others about other peoples business which I felt is personal and should only had addressed the manner to that particular person .. So just today as the reason why I am writing I have now been told I was listening to loud music last night at around 11o’clock which I most positively was not for I was asleep at that time, so now I’m been accused of this which has been even more distressing,. When he approached me about this I was really upset,. I said to him it wasn’t me that was playing music & that at that time I was asleep. He then said it was you & you can’t have loud music playing as it is not aloud,. So he wasn’t taking that I said to him it wasn’t me playing music just as the time you said to me that I went in the roof of the building & damaged things when hadn’t,.. So I’m not letting you blame me for something else I had not done,. Thats just not fair,. He then said to me if it happens again I will contact the owner & have you evicted.. I couldn’t believe this I was so upset,. After this occurred I then called my employer ,. They are the managers of the apartment block to let them know what had just happened,. Especially after him blaming me for the roof incident were I could had lost my job,. Now I’m dealing with him giving me a last chance worning of getting me evicted for music which I wasn’t playing, he never took in consideration that I hadn’t done either of these things no matter how much I tried to tell him it wasn’t me, he then just says you have one last chance & I will serve you a notice of some kind & have you evicted.. I am beside my self searching what can I do about this & getting blamed for things I had not done.. When I spoke to my employer on both accounts they told me don’t worry about it & try not let it upset you to much,. But still I can’t shake that fact that I do feel upset about this & what could I possibly do about it,?.. Thank you for listening.. Kind regards
Hi Karena
Your employer gave you good advice. Try not to let it upset you too much.
The things the Manager is telling you are untrue. He does not have the power to evict you. He may make a complaint to the body corporate committee that you are playing loud music, or whatever breach he thinks has happened, however all that will happen is that the Notice will be issued. Your lease agreement is between you and the owner of the unit, probably via an estate agent and only they can evict you, and then only for good reason. If the Notice is issued you will need to comply with what they’re requesting. So it will say, don’t play loud music, and by not playing loud music you have complied.
Far more worrying is this man bullying you. He could make problems with your owner by making these declarations and accusations. There isn’t a lot that you can do about it. There is no tried and tested way to make someone behave reasonably.
Try to keep your interactions brief – avoid him if you can. When you do have to deal with him try to remain unemotional and don’t engage in an argument. Do write down times, dates and places you see him and what is said. That way you will have a record of any interactions to refer to if problems come up.
Our Body Corporate has asked residents to park on the street at times when major work was scheduled. We always employed a security guard to protect the vehicles. Residents were assured that any damage to vehicles by contractors would be remedied by the Body Corporate.
This reassurance meant that there was always co-operation from residents.
Hi what if you have the BC president and another BC. Member threatening to have you evicted. The president is also the gardener. He gave himself the contract. He looks through the windows of tenants and when confronted says he has the right to look through the windows so he can keep the owners informed what is going on in the units. He threatens myself and my children he is going to have us kicked out. When watering the garden outside my unit he turns and waters the air conditioner unit. He has been caught doing this 4 times and says he is just wasting them down. He hits the windows when he walks past to scare my cat. His wife walks around the complex taking photos of all the renters car ports to make sure there is nothing in there that they deem unnecessary. His wife also cleans the letterboxes but she actually goes inside the boxes and takes the mail out and sorts people mail. We have confronted her a few times telling her that it’s against the law to tamper with the mail but she just says she is getting rid of the junk mail for people. The other BC member waits for either my self or my son and states that we are breaking the law if we drive the 10meters from the car park to my space on the right side and that he is going to have the police charge him for driving on the right side of the road. He is extremely rude and loud when speaking to us. Both BC members have said that people like us shouldn’t live there. I’m a working single mum of two kids who have indigenous descent. They have also made the same comment another working single mum and also to my neighbors who are Asian. What do you suggest
Hi Selena
I’m so sorry you’re having to put up with this rubbish.
You have a couple of ways to deal with things. Firstly if you ever feel threatened call the police. This sort of behaviour is not acceptable. It might be a good idea to talk to them about the threatening behaviour anyway to see if there can be any help.
Second, talk with your landlord and see if you can get some sort of help there. What you need to do is report matters to the committee and have them, somehow, get the man to back off. Now that may not be possible. Its difficult to deal with people who behave badly and often people will rather put up with a bully than deal with a confrontation.
If they don’t do anything then you have the option to take it further by making a formal complaint and seeking Adjudication via Office Commissioner Body Corporate.
If all that sounds too hard seriously think about moving. I know its humiliating to be driven off (I’ve been there when I was a single mum of two children) but a fresh start somewhere better is a good thing.
Good advice from Lisa. I would ask your owner to seek permission to attend the next committee meeting and ask questions about the behaviour of his couple.
And ask about the Caretaker Agreement, it is a conflict of interest for the Chairman to also be the Caretaker but these arrangements are not unknown.
what action can you take against a body corporate if they fail to provide proper signage advising tenants and landlords that they cannot remove their vehicles due to roadworks for 1 week?
Hi Steve
You would need to speak to a Solicitor. This is not a matter considered by legislation.
What can a tenant do if being bullied and threatened by a Chairman. The tenant was told that he had no rights which of course is not correct.
Hi Helen
Well that sounds awful. You’re right of course,the tenant does have rights. Not voting rights, but the right to enjoy the premises. After all they’re paying for it. I would talk with your lot owner / rental agent to let them know this is going on. And maybe the tenants tribunal for advice there as well. The problem is the chairman may be being awful, but they’re not necessarily breaching any body corporate rules.
Firstly if tenant is breaking any by-laws stop immediately.From there document every interaction in a diary format. The way to deal with it in the body corporate world is to make a formal complaint to the committee, and then if nothing happens to the Adjudicator. Given that he’s the chairman you’re unlikely to get any help from the committee but still take the first step. It may also embarrass the chairman enough to back off, although be warned it may also have the opposite affect. To make an application to the commissioner to get him to back off you will need to have made some attempts to resolve the conflict. The problem with an application is that a rule needs to be broken for the Adjudicator to make an order. Bullying is crap behaviour but not necessarily covered by the jurisdiction of the commissioner.
In all instances if your tenant feels physically threatened or the behaviour crosses a line call the police. Its such a difficult and unfair situation. Keep doing what you’re doing, making contact with others, taking action is a slow and steady reiteration “I will not be bullied”.
Hi Helen, I need some advice what can I do if a tenant who rents next door keeps taking photos of family cars as they drop off young children at my door, he sends them to the body corporate and says we park there all the time which we do not do we then receive a letter from body corporate making up stories.
Hi Lynette
There’s a couple of things you could do here. If you feel that the tenant is being malicious keep a log of the dates and times that people are being dropped off. It’s hard to argue with photographic evidence but if you can come back and say on such and such a date this person dropped off and was there for two minutes that will go a way toward mitigating the evidence.
It’s also a good idea to discuss the matter, calmly if you can, with the tenant involved and ask them what solution they would like. Maybe its something that you could adopt, which will keep them happy so they stop them bothering you. If that doesn’t work discuss the matter with the body corporate, again looking for alternative solutions. It displays that you’re prepared to work with others and will go a some way to taking the focus off you.
What if the body corporate is discriminating against your son 5 years of age who has autism spectrum disorder you are not a tenant and the lot is owned by your family for which you are a brneficiary? Can I sue under the Anti-Discrimination Act?
Bullying you to try to make your life difficult and attempt to evict you for which they have no powers to do so.
Hi Meredith
That sounds awful. I feel for you. I had similar a similar experience with a bully when I lived in a unit. The body corporate manager ignored my requests for help and the onsite people sided with the bully.
You’re correct the body corporate has no right to evict you. If there are specific examples of things that people are doing to make your life difficult, and those things breach the by-laws, then your body corporate may be able to help. If it is your body corporate bullying you then you need to discuss specific instances to know what can or can’t be done. Its difficult when it’s an ongoing culture of nastiness rather than specific event.
The Anti-discrimination act has nothing to do with body corporate legislation. If you can make your case then go for it.
Is a tenant allowed to speak directly to a representative of the body corporate regarding a property improvement plan? I’ve been asking my real estate agent about the schedule of the plan and who is responsible for the cost etc. for three months now, but she keeps ignoring me. I’m frustrated and very tempted to just contact the body corporate directly to get more information. Do I still need to go through my agent or is it ok for a tenant to speak to the body corporate?
Hi Amy
You could always ask and, depending on your body corporate manager, they may reply. There is no requirement for them to do so though. In fact there’s not even a requirement for them to reply to your owner / owners agent unless they are on the committee.
Body corporate managers have specific guidelines in how they disseminate information and tenants won’t be on the list unless the matter directly affects them. In that case I would expect a flyer notifying residents when works are about to start. By all means have a go at contacting them though: the worst that can happen is they say go away.
If you are in any way responsible for costs, which I think incredibly unlikely, they would discuss it with you. It’s more likely to be that there simply isn’t any information about what’s happening yet. Body corporates can move glacially slow at times.
Thanks Lisa, very helpful. I’ll try contacting the body corporate and see what they say…
Hi Lisa
I recently arrived at my complex car park and the remote would not open the electronic gate.
First thought was flat battery.Then another resident turned up, and their remote would not work.
I asked the other person to contact the body corporate for assistance.I then used my key to get into the building and tried to open the gate from the inside.
The control button I hit was the fire door which came down. Oops!
The short of it, is i have received an invoice from BC for the cost of the call out to re-set the roller door because it was on CCTV
The electronic gate,which was the original problem was not fixed completely until 48hrs later
Where do I stand? My actions where not intentional
Kind regards Barry
Hi Barry
Ah, what an unfortunate situation. Its kind of like accidents on the roads. We don’t intentionally hit another person’s car, but, if we do, we are responsible. Its the same here. I don’t doubt you didn’t mean to bring down the roller door but unfortunately you did.
The general “rule of thumb” in body corporates is if it’s broken don’t try and do anything, report it and the committee/manager will handle it. Its a concept that could be formalised in the schemes by-laws, you’d need to check. As buildings get bigger they get more complex and it becomes easier to have an unintended consequence to an action, as you’ve just discovered.
The real question here is how much the broken gate, and attempts to rectify the situation, mitigates your responsibility. That’s a question for the courts I’m afraid, should you choose to dispute the charge through legal action.
Depending on how you feel about things I would write to the committee and suggest paying 50/50, or similar, citing the broken gate and that you were simply trying to help. Maybe they’ll come to the party and this will be a way to settle the matter quickly and with as little pain as possible.
Hi Lisa
Thank you for your response. I will follow up on your recommendations.
Regards Barry
Body corporate are carrying out repairs on all car parks
They have left a notice on the door saying we can not use our car parks for over 3 weeks
Do body corporate have to supply local Carpark permits during this time for all tenants ?
Hi Shannon
The body corporate is the joint lot owners and they have no contract with the tenant. Your contract is with the lot owner so you should bring it to their attention and ask them to reimburse you for your inconvenience.
The lot owner has no more leverage than you do. They cannot object to the scheme undertaking the works due to inconvenience since statutorily the body corporate is required to provide a safe and working environment, meaning if you object to missing out on your car parks through the tenancy tribunal I’m not altogether sure they would penalise the owner.
Your best bet will be to try and negotiate something with the owner.
Hello, there are renovations going on on the first floor, just wonder are there any rules of how early can they start to make a noise, and how late they are allowed to disturb thw tenants? Also what about Sundays? Regards
Hi Angela
Those sort of rules will be contained within the schemes by-laws and possibly the approval for the renovation. There should definitely be times when they can and can’t work … usually business hours, but it differs from scheme to scheme. Not Sunday at all I would think, but again you’ll need to check with the scheme manager. Some schemes are better organised than others.
Your best bet is to write a letter of complaint to your rental agent or owner and have them contact the body corporate on your behalf. Good luck.
Hi there, we are owners of an apartment, and a renter living below us has complained about cigarette smoke from our balcony. He has previously argued/ swore many times at us and neighbours who were smoking, even getting out a hose pipe to spray the next door neighbour whilst he was smoking in his unit. Anytime he smells smoke (even burnt toast) he will come out and yell to put that cigarette out. To help the situation my partner has left the apartment to smoke with only a very occasional cigarette on the balcony. (Only to have him yelling again)what are his and our rights regarding this? Thanks
Hi Patricia
Smoking on the balcony will be covered by the schemes by-laws, although, that said it is quite rare to see a by-law precluding smoking on balconies since, technically, the balcony is part of the lot. A body corporate cannot stop an owner from smoking within their own lot – its your property, you may do what you like – but there are restrictions on annoying the other residents.
To me your neighbour is acting inconsiderately and disturbing you peace. Carrying on every time you have a cigarette borders on abusive and I would bring it up with your body corporate.
Hi there ,
We have been told recently that by putting a cubby house in our back garden for our two year old that we are in breech of a by law that says ‘we need written permission if any changes are made to the lot unless minor and not detracting from amenities around it’.
The cubby house does not need council approval due to size etc and meets building ref requirements in that it doesn’t need special planning approval etc.
One neighbour has complained and now it’s been voted that it needs to be demolished!
I feel like it’s way over the top for a child’s playhouse! Surely we have a right to have this in our garden as we are paying the rent!!!!! The owner that complained had a track record of complaints against anything she possibly can !! We feel like we are being bullied into taking it down!
We did ask for written permission and apoligised for not doing it to begin with as we weren’t aware – and they have still come back and said no!!
Hi Lesley
If the owners have voted that it needs to be removed then that seems to be the answer to your request. It was not granted. Was a committee motion passed? Or a motion at a general meeting?
Your only other option is to make an application to the Adjudicator that the body corporate is being unreasonable. You’d need to find the reasons for the lack of approval, and “they didn’t follow the correct procedure” isn’t a good enough reason, and then argue that its not a reasonable reason because of … (assuming their reason is unreasonable).
Hi Lisa I am an owner in a small complex of 6villars we have on lot of renters who lately have become nasty it all started with us asking them not to park on the grassed are outside our residents as we have a lawn mowing contractor who is trying to get that area back to scratch they would not remove their cars so he would have to mow around them they got quite hostile towards us when we told them to please not park there he would also complain about the noise from the contractor just lately I asked if he could turn the base down from his stereo as the noise was unbareable thumping through our lounge room so yesterday my husband was talking with my daughter outside our front door and he came out in a rage and told them to keep the noise down it was worse than his music we asked him to turn down (just being a smart a…. Now he is parking his partners sons car in the visitors parking spot her son is not there or living there is there anything that can be done it is also blocking access for the elderly tenant to her back yard
Hi Vicki
Oh dear. This is not good news as its difficult to deal with someone who is aggressive and abusive when they’re confronted about matters of sharing. How do you deal with someone who’s unreasonable?
Firstly, personal protection is very important. Call the police if they yell and scream and get in your face. Keep track of every interaction you’ve gone through and their response. Video is a good option. Again however, be safe, and call for help if needed.
The body corporate needs to issue a breach notice to the tenant with a copy to their owner. If they don’t comply the next step will be through the Commissioners Office for breach of by-law for parking on the grass. Go through the same process for the parking in visitor car parks – firstly ask him to stop (a letter is fine) and then if they do not then a breach notice and finally conciliation and adjudication.
It sounds like the man is a bully. Its scary I know, standing up to bullies, but unfortunately your options are stand up to him or put up with it. Try and get the other owners to stand with you.
My thoughts are with you as this can be a difficult and stressful process.
I am an owner-occupier. I have just received a letter from the company tasked with managing our body corporate matters (we have have 246 units in our CTS) telling me that they are not responsible for a disagreement between me and another unit, and advising mediation. I am not against mediation per se; but I do find it hard to enter mediation when this letter was the first I heard of a disagreement with the tenant ! I asked the tenant about it and he ignored me. I asked the onsite manager (and rental agent for the other unit) about it and she advised that she couldn’t tell me because the tenants rights had to be protected. The Body Corporate Committee and the Body Corporate Management Company won’t answer me.
I feel like I’m in a (not very funny) Monty Python sketch.
I’d like to fix any problem that may exist but this seems impossible. What can I do, please?
Ash
Hi Ash
That is just hilarious. Funnily enough I was just writing on the subject yesterday.
Firstly, its not much of dispute is it. You don’t know what the problem is and you haven’t been asked to change anything. What can you do about it? What do you need to do about it? I’d take no action and let it go. I’d suggest that you’re not exactly good friends with the person who’s made the complaint so its no great loss. Either the situation will come up again and maybe this time someone will tell you whats going on, or the whole thing is a storm in a teacup.
If you’re really concerned then keep an eye on your committee minutes. It may have been reported in there. It may not though since the body corporate is not taking any action. You could try searching the records of the scheme to see if you could find the complaint.
If you really want to address the matter, whatever it is, with the tenant, I suggest writing a note and putting it in their letterbox, the better to avoid confrontation. Say exactly what you’ve said here “I’d like to fix the problem …” and see what happens. They might write back and you could get some resolution.
Hi Ash
Just a FYI: If the problem was because of a breach of by-law then the body corporate would get involved.
I am an owner-occupier in a block of 27 units. Some, but not all, of the committee members have decided to remove the current clothes line and replace it with one that is not even large enough for a family of four and cannot even have sheets spread out across it. Quite frankly, one big load of washing would completely fill up the line.
They have decided to put up a bbq area, which would be located right next to this greatly reduced clothes line. I personally do not want my washing to smell smokey. My question is am I permitted to put up a clothesline on my parking bay which I do not need for parking?
Hi Suzana
It will depend on your by-laws for the scheme. Possibly there’s a by-law that says the parking area must be used for parking only and nothing can be stored within it. You could try but don’t be surprised if they ask you to take it down.
Hi Lisa,
I have just moved to a new unit as a tenant. Being a single, female living alone I decided to have a door-viewer (peephole) installed for extra security. The front door is a fire door, therefore I made sure the door viewer I had installed meets the Australian Standards for door viewers specifically for fire doors.
Although I am only a tenant, leasing through a real estate agent, I have been told from them that the Body Corporate of the unit complex are up in arms over this and have demanded to have the door inspected by a fire door company (costing me $88) – which is fine, as the door viewer meets all the requirements of a fire door, however my agent said that the body corporate has requested my contact details under their legislation and they have to provide it, so I may be hearing from the body corporate. Can you tell me why I would ever need to be contacted by a body corporate when I am renting through a real estate agency? Should this not be the role of the real estate to correspond with the body corporate?
Also, I am aware now, that I should have sought permission to install the door viewer, however, if it meets the National standards, do you think this issue will continue?
Thank you for any info you can provide!
Kate
Hi Kate
Oh dear. Yes, expect to hear from the body corporate. The issue is the only reason you should expect to hear from them: you’ve breached a by-law.
In an apartment building the boundary is measured in the centre of the walls, floor and ceiling…and the door.
They’re upset for a couple of reasons. Firstly you’ve made an alteration to common property, the outside of the door, without permission. Secondly they have a duty of care to ensure the integrity of the fire doors and a duty of care to show the owners that they’re taking steps to fulfill those duties.
Expect a letter about a by-law breach. You will need to pay for the test…it should be OK if you double checked first. Then probably ask for permission. They don’t have to give it but what can they do? It’s done now.
The worse case scenario is they ask you to replace the door. But if the viewer isn’t causing damage that seems unreasonable to me. You can object if it goes that far through Adjudication.
I suggest be apologetic, pay for the test and ask for permission if you have to. They may growl a bit but so be prepared. They are required to be reasonable though and it was a mistake.
Hi Lisa,
Thank you very much for getting back to me. Wow! I didn’t realise I had breached the by-laws! Do you know if there are any consequences or repercussions of a breach? Would never had have it installed if I knew that was going to be the case! I have definitely learnt from my mistake and will take your advice on being apologetic etc. I simply wanted a little bit of added security for my peace of mind, however if I knew it was going to cause such a big drama, I would have lived without!
Thanks again Lisa, for taking the time to get back to me, with useful information and advice!
Kate
You’re welcome Kate.
You can’t be fined for breaching the by-laws but you will be expected to stop or put right what caused the breach. As I said asking you to replace the door would be the worst but that’s not really reasonable if the viewer isn’t compromising the integrity of the door.
Hi Lisa,
I have recently been sent an invoice by my real estate payable to the body corporate that I owe the amount for the basement garage gate/door repairs after following another tenant through the gate and having it close on my car windscreen.
The real estate advised that if I want to dispute it that I need to go through body corporate directly and I’m wanting to know if I have grounds to dispute paying since the sensor didn’t work, due to I think the height if my car. I claimed my windscreen through my insurance and have taken no claim against them.
Any advice would be helpful, thanks.
Hi Lee
If you believe that the incident was caused by a faulty sensor then by all means object to the invoice.
You can do that by writing a letter to the body corporate outlining the events that happened and why you believe that the incident was not your fault. Be respectful of course, but make sure you communicate that you don’t believe you should be expected to pay for something that wasn’t your fault.
Hi Lisa,
I had an issue with my previous neighbours/exec committee which I aired to people when I moved interstate and it appears I’m being harassed in the same way. I have been an owner occupier in both situations and I’m just wondering if information on owners/occupiers is or can be shared by strata managing agents?
Hi Tracey
No, privacy policies should prevent that sort of passing on of information. There’s no database for owners such as TICA for tenants.
Hi Lisa,
Thank you very much for your assistance, it is very much appreciated.
Kind Regards
Tracey
Hi Lisa, another question, but is there any restriction to me renting my parking space if not written into a by-law?
Thank you kindly !!!
Hi Tracey
Yes there may be restrictions. You will need to check the Development Application to ensure the specifics of the why the car spaces are issued; it may say for residents use only. Also there may be restrictions arising under the Letting Authority if there is one (prohibition on carrying out a business on the scheme).
Hi Tracey,
I own a single storey, 2 bedroom brick stand alone unit. It is one of 16 in the complex. they are around 25 years old. my property is situated on the corner of the block and have the largest land size. I am curious to find out the process about extending/ renovating. i simply want to add a third bedroom and bathroom. by doing this the only thing visible to the other units would be a side brick wall which is adjacent to a car park occupied by my neighbour.
i totally understand the disruption this may cause and would like ideas about the right way to tackle such an approach.
any tips / info you have for me that may assist me with moving forward would be greatly appreciated.
kind regards,
steve
Hi Steve
It’s great to hear you’re concern for your neighbours. They will appreciate it I’m sure. Other than the usual council and architect stuff it’s important to discuss with the body corporate committee before you start. They may have renovation rules you need to comply with. You can read more about renovation here.
Hi Lisa
Can a Body Corporate make the complex Residential Only , i.e. no holiday letting
Hi Roger
From this Adjudication Order “The BCCMA prohibits by-laws that restrict the leasing of units or restrict the type of residential use that can be made of the unit. By-laws seeking to prohibit the short term letting of units are therefore invalid.”
I’ve been offered to rent a property with my cats.
The Real Estate and Owner are ok with this but they have advised they are not going to the Body Corporate with this approval.
If the Body Corporate does address this with me through the term of the residency, is it up to the owner to sort this out or me?
Thanks
C
Hi Colette
That is worrisome, but they may have got away with it in the past; it will depend on the attitudes to pets within the scheme. You as a tenant can make an application for approval. If a problem arises though the body corporate will breach you but any legal action will need to be taken through the owner.
Perhaps you could add a clause to your lease that if the body corporate cause an issue due to the lack of approval you may break your lease without penalty if approval cannot be granted.
Hi,
I live in Victoria, so not sure if the laws are different, but I am renting a space for my small business.
My landlord has issued me with body corporate fees.
I recently bought this business, and the previous owner said they have been paying these fees for years.
My understanding is that I should not be paying for them.
Any advice?
Hi Ryan
Refer to your lease agreement. It should say if you have to pay the fees or not. If it’s not covered you may be able to argue that’s not what was negotiated.
It is common in commercial leases for body Corp fees to be tenant responsibility.
We are renting a unit in a complex and has always had a problem woth the tenant downstairs, he is the head of our body corporatete and is always complaining about us making noise, these being moving the sliding door, removing our pots from the bottom cupboard, basically any silly noise would get him worked up. He previously complained about us parking in the wrong parking bays but we jav always disputed our fines successfully, so this is a constant fight. Recently one of our visitors unknowingly parked in the wrong bay again, for about 10 minutes andas they were leaving the hooted once for me tocome out so they could say bye, our conversation was rudely interrupted by the tenant downstairs who started shouting at them, being disrepectful from the get go. I feel embarrased and humiliated as these are my guests and it is no way to treat them, esp coming from the head of the body corp who should know better. Of course we got 2 fines, one for hooting and another for theparking bay that was ised, and I will try my best to dispute. However I have a problem with him mistreating my guestthe way he did. What can I do to make it clear to hom that his behaviour was unacceptable and to prevent him lashing out at my vosotors again? We are planning on moving as I cannot continue livinng like this, it has taken an emotional knock at me and is affecting my relationship with my spoise. Please help
Hi R
Firstly, don’t pay any fines to a body corporate…they are not allowed to issue then. If you have paid fines in the past you may seek Adjudication to be reimbursed.
The behaviour is a more difficult thing to deal with. Your first step could be a letter of complaint to the body corporate. In this case it’s probably not going to help. I suggest there is little chance the man downstairs is going to be unreasonable. But complain about the behaviour and ask for respectful communication.
You can attempt conciliation but there isn’t really a dispute so much as poor behaviour and there is no law that says how people must act. If you feel in danger call the police.
It’s sad but moving is the only surefire way to deal with the problem.
Hi . I’m renting a unit in a complex and I have been verbally abused by the chairman’s mother in full view of other unit owners and tenants . I’m a guy so I could not defend myself verbally . what steps should I take to resolve this matter ? . I have called for a body corp meeting but i am being ignored . thnx
Hi J
There’s a couple of things about this I’m confused about. The first is the “I’m a guy so I could not defend myself verbally”. I’m missing something there because I don’t follow.
Second, what outcome are you hoping to achieve? What is the issue? It sounds like someone was rude to you and embarrassed you, which is awful, my commiserations. I’m not sure how that has anything to do with the body corporate.
Hi Lisa,
So I live in a block of units and one afterteroon a pipe burst above our unit and went above and into our fan and triggered the light and the fan therefore water was spread out throughout the room destroying my laptop, tv and mattress 🙁 does the bodycorp responsible for these damages??
Thanks
Hi Millee
Well that sucks. One word – Insurance.
The body corporate will have insurance over all the units. Damage as a result of something like this will almost certainly be covered. Contact your rental agent and ask them to make a claim via the body corporate manager.
Whomever is deemed to be responsible will also be responsible for the insurance excess. It could be the body corporate or it could be your owner or it could be the owner above. It depends on where the water sprang from. A lot, yours or the one above, or infrastructure the body corporate takes care of. I can’t see a scenario where it would be you.
If the claim is denied then again whomever is at fault is responsible.
hi.. I’m renting a room in a 2 unit apartment together with the owner of the apartment. but I was asked to pay the body corporate fees… should I pay it? or is this just entirely for the owner?
I was renting a single bedroom apartment before for 2 years and the owner that owns the complex didn’t ask me to pay for this.
Thanks
2 bedroom*** (not unit) ^_^
and I just moved to rent the room 2 weeks ago
Hi Bien
The lot owner is responsible for the body corporate levies. They are the person the body corporate will chase for payment.
But, whether or not you will need to share the cost as a tenant is completely dependent on your agreement with the owner. If you have a written lease agreement the terms should be set out clearly in the contract. If you have an oral agreement, and it wasn’t mentioned, you will need to negotiate a solution with the owner.
By the way it is uncommon for a residential tenant to pay body corporate levies though a regular situation in commercial tenancies. A room is not a shop though so I would suggest you object to paying and note that it is a lot owner responsibility not resident cost.
Good luck
Just received in the mail box this evening advice that the committee has arranged to paint the letterboxes in the complex on Monday. No motion, no quote. no resolution. No formal or voting outside of a committee meeting notice, but it is happening. Interesting.
Hi Lisa
I read in an earlier post that body corporates are not allowed to issue fines. Is that an across the board rule?
My daughter has been issued a fine for excessive noise in the latest episode with a downstairs neighbour who complains every time my daughter makes the slightest noise. She can’t even wear hard soled slippers let alone shoes in the apartment.
Even with this going on, my daughter, being 22 and not really thinking things through, decided to have 5 friends over to celebrate her birthday. Worried that she would upset the neighbour yet again, she called the property manager and asked her to give the neighbour her phone number so that she could call or text if the noise was annoying.
Instead of doing that the neighbour once again complained to the body corporate who issued a fine. Does she have to pay this?
Your advice would be appreciated.
Cheers
Michelle
Hi Michelle
That’s correct. The body corporate may not issue “fines” for breach of by-law.
I suggest she write to them and note that it is breach of legislation. If they try to force the issue contact the Office Commissioner Body Corporate to make a complaint.
If her lot has hard flooring it can be a contentious issue. It will echo below quite loudly. Does the flooring have approval? I would make sure that is in place. Often when disputes arise every little thing gets dragged up.
Thanks for your reply Lisa.
Yes, they have hardwood floors and they have only metal between the floors rather than concrete which is why the noise insulation is bad. How can I find out if the flooring has approval?
Cheers
Michelle
Hi Michelle
If you didn’t install the floor yourselves, as in it was there when you bought the property, then the approval is (hopefully) recorded in the minutes somewhere. You’d need to do a search of the records to find. I’m assuming you own the property here. If you’re only renting then its an owner responsibility.
Hi,
I recently moved to a unit and complex have automatic gates. We only have a touch card to open the gates in and out. I see multiple cars waitng to get out of the complex everyday. If you don;t that card you cannot go out. If I have visitors, when they arrive I have to walk over 100m to get them in and again I have to walk again to let them out. I noticed keypads already installed but only for fire department and police have PIN codes. That seems quite unusal. Is there any ground for that? Do I have any right to stand against this weird practice?
Hi Jack n Emma
What you’re talking about is a peculiarity of the way the schemes gates are set up.
You may certainly object and express your dissatisfaction. They may appreciate the feedback but there is no requirement for the body corporate to “fix” it for you. They have an obligation to keep things in good repair. There is no obligation to rectify design faults.
Hi, my 87 year old mum has recently moved into a unit that has a common driveway to her unit. She told me today that the community bus dropped her off at her door as it was pouring with rain and she had grocery shopping. I was concerned when she told me as i think the body corporate prevents community bus access probably on the ground of safety. I guess i am concerned for my mums safety in walking from main road to her unit in such weather conditions. Any suggestions on how i may address this if it is raised by body corporate.
Hi Mathew
Simply explain as you’ve done with me. It seems like special circumstance to me. If someone brings it up all you can do is apologise. Maybe ask if there are other things that can be done to help your mother. Hopefully there’s a good community environment.
Hi I live in a so called secured gated community, on Saturday or Sunday night a number of cars were keyed, (not Mine) thankfully, as it is a secured gated community is the body corporate responsible for the damage to the cars as it has happened a few times before, I have asked the manager to ask for cameras to be installed , the damage to the cars is substantial, and of no fault to the owners or the tenants.
Hi Dianne
I couldn’t say Dianne, that would be a question for a judge or adjudicator.
I suspect no. There’s nothing to say that the person(s) who keyed the cars doesn’t live in the gated community with every right to be there. How can the body corporate be responsible for that? Where is their negligence?
Hi, I have bought a body corp managed building, downstairs is a restaurant but upstairs is a legal residential six bedroom home. Body corp rules state I can only have one person – ie a caretaker for the restaurant below, living in this large flat. Is this a fair rule, what can I do to allow 5 people live up there please? This is Auckland New Zealand.
Hi Carol
If you are the owner of both lots you have all the votes in the body corporate and can vote by resolution without dissent to amend the by-laws to whatever you want.
If there are other lots in the scheme you will need to put forth a motion at the next general meeting to amend the by-laws via special resolution to whatever you want. Then it will be up to the owners to decide.
Hi, my partner and I are tenants of a two bedroom apartment with two allocated car spaces. One of the car spaces is next to 3 visitors car spaces and gets parked in at least once a fornight as other people assume its a visitors car space too. This leaves me to find another spot or park illigally. I have called my real estate who have then called the Body Corporate. The BC is refusing to do anything, not even a blanket letter to all residents reminding them to inform their visitors of where is appropriate to park. BC have just said keep putting note on the cars that park there.
I don’t feel this is good enough. What can I do?
Hi Kate
This is difficult situation. To an owner I would say suggest getting some quotes for line marking and submitting them for approval and payment to the committee, or even at general meeting. Maybe some sort of notice that this is a reserved car park? If you have quotes and submit and ask them to pay, or rather your owner, then possibly you have a reason to seek adjudication. Speak with the Office Commissioner Body Corporate.
The body corporate is required to enforce the by-laws but the practice of putting notes on the cars when people park in the wrong place is sadly much of what they’re limited to. I would have thought a blanket letter would have been a good idea. You can always ask again. If you don’t like the way they have responded Conciliation is your remedy.
Maybe you could try putting a witches hat in the car park after you leave. It is difficult to deal with people who park in the wrong spaces and for some people it doesn’t matter what you do they will still be jerks. Differentiating the spot somehow may help.
When an owners corporation knows asbestos is in the building, safety issues exits can it ignore requests to fix? Does it it need committe appr Val or must put act? What specific sections of the owners corp regulations govern this?
You can not believe how incompetent owners corporations can be n Victoria Australia
Suzanne Walters
Hi Suzzane
Legislation between Victoria and Queensland is different. I am in QLD and talk about QLD schemes.
Asbestos, in most situations, needs simply to be left alone. The Work Health & Safety Act requires that “workplaces”, which does include most schemes, need an asbestos audit to identify if there is asbestos. If there is then there needs to be an asbestos register which should be referred to before any works on the premises.
People seem to have this idea that Owners Corporations are … well corporations. They’re not. They’re lot owners just like you, rarely with any sort of experience, who’ve volunteered to take on a challenging role on behalf of themselves and other owners. It makes for some less than professional outcomes. If you feel you can do it better then you’re just the sort of person they’re looking for to have a go.
Hi Lisa,
During the last severe wind episode this year in Melbourne in August, a very large branch snapped off and fell against the front door of my rented flat, I cleared a lot of the dead branches away, to gain access to my door,I Reported this to the property manager in early October,and she came out and photographed the tree, her next communication late October said the body corporate can take a long time to resolve these issues, There is a significant amount of wood and branches which restrict access to my back yard, plus i feel a safety issue as I gashed my arm moving my bin out for recycling, am also concerned about a fire hazard, the branches being so near to my front door, The owner has been to look at it, So just wondering as it is into December now, what else can I do ?
Hi Bill
Things take a long time to address when insurance claims are made. That said, blockage of access should be addressed immediately and if its taking this long then it seems that not much is being done. I would follow up directly with the strata manager to see what is happening, if anything. Its frustrating, I know, but its the squeaky wheel that gets the grease. Is it the body corporate or your owner who’s delaying things? If its your owner then you may breach them under the conditions of your lease. If it’s the body corporate, I’d complain, and if still nothing happens, then see what remedies you have in your state for conciliation.
Additionally you could make a claim for personal injury. That would probably light a fire under them.
Hi Lisa,
I’m an owner in a small complex. I am raising 2 young children on my own and I have neighbours who employ passive-aggressive bullying tactics against us. The adult son upstairs owns the unit directly above us and lives with his 2 parents and adult sister in the unit. Sometimes when my children argue etc or I need to raise my voice, they bang on their floor/my ceiling. They are completely intolerant of any noise. (I once asked them to come down and speak with me if they had a problem with the noise. But they acted all innocently, that one of them had a headache). They smoke dope and this comes through my children’s and my bedroom windows. They flick cigarette butts and spit over the balcony into my ground floor unit garden bed and I have been propositioned by the father upstairs. This morning my car has a distinct smell of male urine. Their balcony is directly above my car space and garden bed. They always smile and say hello to me in the common areas so that they appear “nice” in public and to make matters worse the mother upstairs is on the Body Corporate Committee, even though her son is the one who owns the unit! I feel unsafe and as it is just myself and my children I feel unable to speak up for fear of further retribution. I don’t know what I can do to stop this and at the same time ensure mine and my children’s safety.
Hi Kate
That sounds terrible. I had a similar experience when I lived in a strata scheme with young children. Unfortunately there’s no law that says people have to act a certain way. What you’re describing sounds unpleasant and certainly scary however it doesn’t sound like any by-laws or legislation is being breached. About the only thing the body corporate will be able to address is the cigarette butts dropped in your garden.
There is no problem the mother being on the committee if her son owns the lot.
Essentially you have a crappy neighbours whom you don’t like. You can complain about the cigarette butts and the smoking, call the police if dope is being smoked and try and catch them in the act of being an ass of anything else. You can complain when you have evidence.
Hi,
I was just wondering if the chairman is able to film conversations, or take photos of people on the premises and then pass them onto a third party without the consent of all people involved. This obviously relates to breaches of by laws on the premises, but I was of the understanding that these images and recordings cannot be shared to third parties without consent, especially when their is minors involved.
Hi Chris
Its got nothing to do with by-laws or bodies corporate and everything to do with the national privacy laws that relate to filming conversations and passing on images. Being a Chairman does not give you permission to opt out of our legal system.
I don’t know those rules I’m afraid. Try a google search for guidance.
Just wondering if you could help with a few queries:
My strata management is currently charging me to purchase tickets to use common property on new years eve, is this allowed? I am an owner occupier
Also what are the rules around visitors parking? I’ve had friends park in the visitors parking overnight and building management has stuck flyers on their windscreen threatening to tow them away. The odd thing is that the carpark is completely empty so I’m not sure they are surveying this so strictly!! When I asked them, I was informed that visitors parking was not allowed for overnight stays but the bylaws broadly state that nobody may use the common property car park without strata’s written consent
Any help would be greatly appreciated!
Hi Sarah
There are limited situations where the usage of common property may be limited, usually when that area is granted to someone for exclusive use or under an occupation authority.
Otherwise no, they cannot be charged to access common property. You are an owner. Even you were a tenant then you cannot be limited access as its unlawful to discriminate against differ groups of residents.
Refer to your by-laws and house rules for visitor parking rules. They will be your guide.
By-laws are required to be reasonable. If you feel the by-laws are unreasonable you can challenge them in adjudication. Its a good idea to seek legal advice first as you don’t want to end up being stuck with costs if the adjudicators finds its reasonable.
Is it legal for unit owner who has exclusive use of body Corp garage to rent that space seperately for storage
Thanks
Sue
Hi Sue
It will depend on the terms of the exclusive use grant and the by-laws of the scheme. Refer to the Community Management Statement and / or discuss with your strata manager or committee.
Hi Lisa,
I just need to know my options as I feel that I am being harassed and bullied by strata and not sure what my option are. I moved in the property in 2014 and have been parking my car at the front door, as the property i am renting is at the back of the complex and so the previous owners have paved the driveway which leads to the front door, the vehicle is not blocking or protruding out onto the driveway and impacting any residents. There are 2 elderly residents who do not like my children and have start making complaints against me parking on common property. I do not use the visitors spots nor do i block anyone or bother any residents but now they are threatening me with legal action. What can I do.
Hi Sherlin
The by-laws most likely prohibit you from parking on common property so there isn’t a lot you can do about it. About your only option will be to get permission to park there from the committee. You can send an email to the committee asking them to approve the car space. If they don’t approve, and no reasons are given have a chat to the Office Commissioner Body Corporate and see if you can make a Conciliation application to have the space approved for you.
If you can, ask the lot owner what arrangements were in place regarding the parking space. It may already have been granted as exclusive use or permission given otherwise.
does a croporate body have control a house and land privately owned as we paying a croporate body
on our house as it privastely owned why
Hi Susan
I’m not sure I understand your question. The body corporate never has control of a house or privately owned land.
The body corporate owns and controls common property and if you live in a body corporate you must abide by the rules affecting the common property. If you own in a body corporate then you are a part owner of the body corporate and must contribute levies and abide by the by-laws.
Hello
I let my unit, in a small complex of 12 as a holiday rental in a popular tourist destination in Queensland through stayz.
I use stayz so I can vet the guests and ensure that they are aware of conditions of bookings, a no party policy and to be aware by-laws and respectful of other owners and tenants in the complex.
Other lot owners have been harassing me about this because they claim that it has always been an understanding among owners that the units are not let for short term holiday rentals.
I am aware of S180 of the BCCM Act but there is now a plan stop me letting the unit for holidays by enforcing a by law which states that the lots can only be used for residential purposes and not commercial.
Their argument is that I am using the unit for commercial use by letting it out through stayz.
Any advice
Lawrence
Hi Lawrence
There is an ongoing battle at present with short stay letting owners and bodies corporate. The legality of the situation at the moment is that owners and bodies corporate have little chance of restricting holiday rentals.
The body corporate has no right to make by-laws restricting the use of a lot. It exceeds their powers. Zoning is controlled by the local councils not the body corporate.
It doesn’t matter what “understanding” the owners feel they may have had all that matters is the legality of the situation. That’s why schemes have by-laws because owners change as lots are bought and sold and so do the values and beliefs in a scheme.
All that is well and good however doesn’t change the fact that you’ll likely end up with a fight on your hands. That is the state of the current market. People want to do short stay letting, other owners do not want them to. Problems ensue. If you do decide to seek Adjudication I suggest getting legal advice from a solicitor with body corporate experience. You only have the one shot to present your evidence so it’s worth doing well.
Hi Lisa,
The Chairperson in our complex refuses to have her fire door inspected, she says it was deemed compliant, but it has not, so she will not allow it to be inspected again, we as owners have had to foot the bill for the inspector to visit her unit 3 times, but she just makes sure she is not there to grant him access. Her door was deemed non compliant last year, the body corporate don’t seem interested and just fob off any enquiries as to whether the building is compliant due to one door not being inspected. As the chairperson on the committee you would think she would be setting an example. She has also breached a by law by putting up an umbrella that has an arm attached to common property, no permission was sought and again the body corporate do nothing. As a concerned owner what can I do if anything
Hi Sharon
That sounds like a frustrating situation. You may need to seek Conciliation or Adjudication.
The body corporate committee needs to take action first to make a decision about matters. I’m not sure if you’re on a committee or not, but if you are then ask the Strata Manager to send her an letter that she must seek permission for the umbrella or remove it. If she refuses then seek an order that she seek permission.
The same with the fire door. If its a problem for fire safety then the scheme needs to be given proof that the fire door is compliant. Send a letter asking for documentation. If its not provided seek Adjudication.
If you’re not on the committee you need to find out the attitudes of the committee. Ask them to enforce the by-laws. If they do not you can seek adjudication against the body corporate for not enforcing by-laws.
Hi, we have renters in one out of seven units in our owners corporation. They moved into the property November 2016 and since Boxing Day continue to leave their rubbish cart/bin on the common area outside their unit. I did provide the lessors with a copy of the OC Rules and also emailed a copy to the owner of the unit. In the Rules its states that bins are not be left on the common area and are to put away on their property ie. garage, backyard, etc. It is has been 6 weeks and they continue to leave the bins on the common area. I have put a reminder note in their letterbox (but no luck) and have emailed the unit owner (and no answer). What can we do to make them put the bins away like the other tenants do (we also have another unit that is leased and the people follow the Rules and put their bins away every week on the after collection).
Thanks, Carmen
Hi Carmen
I’m not sure of the rules in NSW so best to check with someone who does. That said, here in QLD I would suggest sending a letter to the owner noting that the issue is ongoing. From there, if the behaviour continues a contravention notice is issues and from there the option is to seek conciliation or adjudication. There are new rules in NSW about how you do that.
Check out the flat chat forum. Someone there may be able to give you some further, local, ideas.
Hey guys…staying at a rental property with 1 secured basement car spot and storage in the lease…landlord hasnt sorted the carspot yet and im parking off street for the last 2 weeks (rent paid for 2 weeks)
Requested a refund for parking and storage and the agent replied as follows
“a tenant is only eligible for a rent reduction/ refund, should the unit be classified inhabitable”
Any advise would be greatly appreciated as we believe we require a refund for the fecilities(area of the property) we dint receive
Cheers
Hi Krish
That sounds like a problem with the lease rather than a problem with the body corporate. Check out the tenancy tribunal for advice.
Hello,
I live Qld in a block of 16 units. On our Bylaws it has the standard spiel about visitor car parking. We have three visitor spaces at one end of the complex & I believe there is the same at the other end as we did have a front & back entrance. I arrived home yesterday to find a sign the near the driveway entrance that says. NO VISITOR PARKING. Tenants cars only in this complex. Trades & services permitted. I would like to know if they can do this. I ask because I have a disability that requires my carer & other people for a variety of reasons to pick me up from, or drop me off to, my unit. They are actually parking in my unit carport not the visitor carpark.
My carer was dropping me off yesterday with my groceries & I was confronted by the Body Corporate Committees Chairman’s partner who stated that my visitors car cannot be in the complex even though they were in my carport. Your advice would be appreciated.
Hi Deb
Yes, absolutely the scheme can do this. From the body corporate’s perspective it is ideal for them to enforce the by-laws evenhandedly. Presumably they’re having trouble with visitor parking which is why they’ve made the decision to exclude all visitor vehicles.
Your carer qualifies as a service and should be permitted. Discuss this with the committee and make it clear it’s because of your disability.
Aren’t visitor spaces mandatory according to Council regulations? i.e unit blocks being built (in recent decades) must provide for visitor parking on the plan which cannot be sold off or disposed of in any other way??
As long as the car is a bona-fide visitor, they can enter and drop-off, or park for a short while?
(Admittedly I live in NSW – so QLD might be different).
Hi Sue
The development approval from council will set out how many car parks the scheme has to have for residents. I haven’t heard what about a requirement for visitor parking.
Some schemes are resident only parking. So long as residents have the allocated spaces should be OK.
Hi lisa a committee member is short term renting to airbnb visitors no lease,
our council says that the person concerned needs to make a D A application as council has said our building is zoned 2b residential the strata is registered residential only and also section 258 of strata management act 2015requires notice of change of use. notification i.e within fourteen days from residential to commercial short term rental,
Hi Tony
I don’t know a lot about short term letting I’m afraid. Here in QLD it is allowable My understanding with AirBnB, particularly as it relates to NSW, is that it is allowable.
I suggest you check out Flat-chat forum and see what other owners are doing.
Hi.
There is a very useful link about RELATIONSHIP between BC and tenants as a occupier where the Commissioner explains the relationship.
https://www.rta.qld.gov.au/Managing/Open-house-property-managers-and-owners-newsletter/Nov-2015/Body-Corporate-Commissioner
It is clear enough, that BC have to give a name of other occupier (tenants or owners) to other occupiers if they want enforcing the By-Laws.
Thanks Jirina
Hi Lisa,
We have over 20 visitor carspots in my apartment, at first there was no restrictions but now letters have been left on all the cars to move it away as it is illegal and it is for visitors only and not resident. Is it legal for the body corporate to tow my car away should i continue to park there?
Thanks,
Elsa
Hi Elsa
If you continue to park in the visitor car spaces though you are a resident then you will be breaching the bylaws.
Legislation gives specific process schemes must use to enforce bylaws. It takes time and legal action.
If the scheme tows your car without the right process first they are in the wrong.
Your car will still have been towed though and you will need to deal with the inconvenience and cost of that, then seek legal action for reimbursement. It’s better for all concerned if you just don’t park in the visitor spaces.
I see. Thank you Lisa for the advice
Hi Lisa,
When I signed my lease with my agent we were told that if we had two vehicles we could park one in garage and park one in common area.
Which is owned by body corporate the vehicle that we had parked outside in common area has been unregistered for 2months, the agents we signed lease with sold management rights and new owners have now told us that we aren’t allowed to park in the front.
When walking my kids to school one of the property managers approached me and started having a go at me Infront of my kids saying that he was going to breach us if we didn’t move car.
I tried to explain to him that when we signed lease with previous agent they told us we were allowed to use one parking space he then said they are no longer the agents I am and what I say goes.
I feel that I’m being bullied and harassed,
A few hours after that me and my neighbor were sitting inside my garage and he walks straight inside garage uninvited and goes there’s your breach for parking in the front.
This isn’t the first time he has showed up when we parked in one of the spaces, he walked up started banging on our unit door and threatened to breach my husband if he didn’t move the car to another parking space as the one we were using blocked access to the front units side gate.
Which wasn’t our fault that’s just they way the parking lot is set up by body corporate and we were parked inside the white lines.
What can I as tenant do in situations like this?
Hi Ana
It is quite probably that a unregistered car is not allowed to be parked anywhere on the common property. Once unregistered it becomes an item, not a vehicle, since you’re not legally allowed to use it on the road. It should be moved asap. Maybe you could move the unregistered vehicle into the garage and apply to the committee for permission to park on the common property. The rental agent did not have the authority to give you permission to park on common property so regardless what he said it’s the committee’s decision.
It would depend on what’s been decided by the committee. It may be them who have instructed the Caretaker to get you to move your vehicle. In which case you should remove the vehicle.
To deal with the bullying behaviour is more difficult. Traditionally you would communication to the committee through your owner or agent. In this case it’s about your agent so that makes things more problematic. You can write a formal written complaint to the committee and see what they do. They should reply. I found myself in a similar situation when I was renting and in the end I moved.
Maybe had a talk to the Residential Tenants Authority about what you’re experiencing. They may have additional resources to help. In the meantime keep a record of dates, times and issues that arise and what is said. It will help in the future if legal action is necessary.
Hi Lisa,
I recently signed a lease agreement for an apartment which advertised having two car spots.
After signing the lease, we were advised there was a mixed up and that the apartment only has one car spot.
We’ve asked for some sort of compensation for the loss of the car spot. Our real estate agent has offered to pay $5 out of her own pocket towards the rent per week.
What rights do we have? We signed this lease knowing we had two car spots. We live less than 10km from Melbourne CBD and are unable to park out the front of the apartment complex as we live on a busy road.
Thanks,
Sam
Hi Samantha
This doesn’t have anything to do with the body corporate. Its a contract dispute between you and the real estate agent.
You could try and ask the body corporate if you could use a visitor space but in all likelihood they will say no. Parking is a premium.
Hi, a tenant (father of owner) has recently commenced placing his council rubbish bin in his lock up garage. In a strange quirk of our building his garage is directly under our bedroom. His bin often smells and he has moved it away from where it is traditionally located by his apartment. There is no mention of bins in the strata by-laws.
BTW we are barely on speaking terms. There are a list of grievances from both parties
How can I manage this?
Hi Peter
With any dispute the first step will be to self-resolve. You must ask him to please move the bin as it’s disturbing you. You can do in person or through a note. It doesn’t need to be a big deal. If he says no. Write to the committee and ask them if they could instruct him to move the bin. If they refuse to help then you will need to make an application for conciliation that the bin be moved or alternatively cleaned regularly. If the conciliation doesn’t work then apply for adjudication or a court order.
Keep a track of all your attempts to resolve, who you speak to and when and what happens. Try and be polite and respectful and walk away if things get heated. Keep copies of all your written interactions. It seems a reasonable request to me and if you can demonstrate that so much the better.
Your challenge here will be to stick with one item at a time. If you can follow it through from start to finish you’ll be more likely to get resolution.
Can an Agent of an owner, enter the properties common drive way through a secure gate, and take photographs of the other owners property and pass these onto the owner of the tenanted property, without the permission of the Owners Corporation?
Hi Susan
That’s a privacy issue not a body corporate issue. Refer to privacy legislation.
Is this correct? If the lessor has exclusive use of a car space or storage area, so too will the tenant, assuming the right forms part of the lease agreement. If a lessor has no right to use of an area then neither will the tenant. Also what Clause does this come under in the Body Corporate rules?
Hi Susan
Yes that is correct.
You’re talking about exclusive use and common property. If you want to find a specific clause that mentions what you’re looking for search through the Act and the Regulation Module applying. You can navigate via links in the side bar, then control F and enter your search term. Also search your scheme by-laws for the actual allocations.
Hi Lisa
Thank you for your advice, is this correct for Victoria
Hi Susan
I’m an expert on QLD legislation. I don’t know about Victoria, though it is still termed exclusive use and common property. A search of the Victoria legislation should give you what you’re looking for.
Hi, I have a tenant who does not have a car…there is an underground gated car parking area, he parked his mobility scooter there and plugged it in to charge it – common area electricity. There are 6 units in which nearly all are holiday let (mine is on a permanent lease) another landlord is saying that my tenant can not use common area electricity. My argument is that their holiday tenants use common area electricity to vacuum out the sand from their cars is no different. What are the rules on common area usage?
Hi Michelle
Rules about common property electricity should be contained within the bylaws for the scheme. If not mentioned in the bylaws the general rule of thumb will be that owners or residents should not use common electricity for private purposes.
Applying that is a little more challenging. The argument would be that the mobility scooter is being charged longer than a vacuum, and presumably more often. Resolving this will be a simple matter of quantifying how much power the resident is using and asking them to pay for it.
Hi I live in a complex that has holiday guests, I rent my unit from a private owner of my unit, the managers of the complex have insisted on having a copy of our rental agreement before we could use the pool, plus we are allowed no guests in the pool …
Car parks we are asked to park in the lines of our car park our tyres were within the parking lines but the car boot was over the lines by one foot we were asked to remove the car or move it up to be within the lines, as we had 2 cars in our space and both cars were larger cars, eg merc & Jag we could not move to satisfy the managers .. we were threatened that they will take matters further with body corp and will be advised that our parking is not acceptable and we had to find other parking or downsize cars ..
Please advise
Hi Julie
Oh dear, this sounds like an unpleasant situation.
It is unlawful to discriminate with scheme common property. That means as you’re a legal resident of the scheme you have all the same rights to the common property as an owner, including having guests at the pool. The manager is not in control of who can or can’t use the pool. It may give them that right in the by-laws, which I would ask to see to prove if they say so, but even then its an unreasonable bylaw and likely not enforceable.
With the parking; its better by far if you can negotiate a solution with the managers. If you don’t think you could do that maybe taking it further with the body corporate is something you should let happen, or even instigate yourself. Perhaps expressing your dissatisfaction with the manager to the committee is a good way of proceeding. The problem is it could go one of two ways: you could reach a reasonable solution that works for everyone and get the manager off your back or end up being hounded by the manager and the committee.
This is a difficult situation. You’re taking the right steps in finding out what your rights are. If it were just the parking issue I would say, pedantic, but maybe lawful, but again it could be unreasonable to expect parking between the lines. Its a difficult call. With the pool issues and having to produce your lease it does sound unreasonable. I use that word because the body corporate is required to be reasonable at all times. The key will be to remain reasonable but also stand up for your rights. I know that’s not the most helpful response but as all dealings with people its going to be a fine line between exacerbating the situation and being able to get on with things.
Hi I am moving into an apartment next week and I was sorting out my electricity and gas. The real estate agent said that I only need to set up electricity because the gas is under the body corporate. Does that mean I still pay for the gas or the owner does? Thank you.
Hi Shahan
The body corporate probably buys bulk gas and resells it to the residents. It means you get a cheaper rate. Many schemes do it with electricity and sometimes water as well.
You definitely pay for what you use, its just that you pay your body corporate.
*EDIT* You’ll need to set up an account so contact the body corporate like you would the gas provider.
Hi,
I have recently purchased an apartment with settlement last week. I was told on settlement day when picking up the keys that someone was still occupying the storage cage that lived in another unit in the apartment. I was told by the real estate agent that he has been already been given weeks notice that he had to remove his items however is obviously refusing too stating that “he is too busy”. I contacted the body corporate manager (by both phone and email) earlier in the week and said that out of curtesy I would give them til today to move the items as I am only moving in this weekend however turned up today and the items are still there. I once again rang the body corporate manager who said that the person has told him that he will remove his items by this weekend (like he has said every other week so I’m not confident that he will).
I was wondering what my rights are to get his items removed if he continues to refuse to move them, given that he has already received notice in written form to remove the items? In hind sight it really should have been done at settlement but as it is my first apartment I didn’t even think to check! Live and learn.
Thanks.
Hi Victoria
Its interesting the body corporate have even chosen to get involved in this matter since, on the surface, its nothing to do with them. Rather its between you and the person who rented/ is using the storage cage. Unless the body corporate somehow got involved in giving that person permission to use the cage (something they don’t have authority to do) then it should be a matter between you, as rightful exclusive use holder of the space, and the person using the space.
Your remedies are going to be the same as any other landlord when a tenant leaves property on their premises. Check any written agreement first. Maybe follow up with the Residential Tenants Authority or speak with a Solicitor. It might be as simple as sending a letter of demand … ie you have till x date or the goods will be sent to the tip. I don’t know the legal ramifications I’m afraid so recommend you explore further.
Hi Lisa,
I’ve searched the net but can’t find an answer. I’m a tenant in a unit with an internal bathroom – no windows to the outside (mine is the only unit with an internal bathroom in a 4 unit complex). There is a skylight that allows plenty of natural light throughout the day, but no ventilation. Recently, the body corporate have replaced the roof of the building. During this the roofer has simply roofed over the skylight. Now there is just a sheet of corrugated iron when I look up into the shaft.
I’m really unhappy about this. I don’t know what my legal standing is here. I’ve been here two years and I’m really happy but I would never have taken the place if this dark, black, closed off room was there from the start. Now there is no light, no ventilation and an ugly sheet of iron covering a ragged hole in my ceiling.
Is there anything I can do?
Kind regards,
Nathan
Hi Nathan
Your best bet is to discuss with your real estate agent. Things will go more smoothly if they or your owner will back your request. Most likely you will need to send them a letter of complaint which they will then submit to the body corporate.
What remedy are you seeking? Reinstatement of the skylight? Some other form of lighting and ventilation? If you’re clear about the solution you’re more likely to get it, or something similar.
If the body corporate say too bad then your next step will be to discuss with the Office Commissioner Body Corporate. You’re somewhat hampered by being a tenant but discuss with them what your options are.
Hi Lisa,
Hoping you can shed some light for me. I am a tenant, having moved into the complex 6 weeks ago. Included in my lease agreement is exclusive use of a private roof top space where I have placed furniture (couches, dining set, fridge etc). I was accosted this morning in the stairwell by the body corporate chairperson (who is constantly knocking on my door and leaving notes on my door about trivial body corp related issues such as common area pest control – she obviously has nothing better to do with her time) In any case – she advised me that they have engaged a contractor to replace the waterproofing membrane on my roof top as well as a few other roof tops – and that more specifically I need to remove all furniture from the roof top area, arrange my own storage of said furniture and then i will not be permitted to access the roof top for at least 2 weeks while it dries. I was made aware of this work having to be done by my agent a week after i moved in and have had an argument with them because i don’t believe it should be my responsibility to arrange to move or store the furniture and secondly i believe the owner should be compensating me for the 2 weeks where i cannot access the roof top (which i pay for under my lease) the agent is useless and keeps ignoring me, but this morning the chairperson was quite forward in demanding that i move the furniture within the next few days. I am a single female living alone and cannot physically move the furniture but i think this is besides the point. Would I be correct in assuming that the owner should be responsible for this as i was never made aware of it prior to signing the lease?
Thank you – sorry for such a long winded comment.
Hi Sam
From the body corporate’s perspective all residents are bound by the body corporate by-laws, whether they’re owners or tenants.
The by-laws will state that access is a must when works of this nature are necessary. You’ve been given notice of the need for access (those things you refer to as trivial body corp issues) which are also happily indicators the scheme has met their legislative requirements.
They’ve given you the notice and now you must comply. Water membrane works mean the building is leaking and that’s a serious problem than needs to be addressed for all residents and owners.
As to whether the owner is responsible for the costs: that’s a matter between you and the owner and the terms of your lease.
Its certainly probable you will have a valid claim, at least for lack of access to the roof (adjustment in the rent because a part of the property was ‘uninhabitable’). I’m not sure about moving and storage of furniture. This is a matter for the tenancy tribunal though not the body corporate.
I suggest you move the furniture or get it moved. It will be easier to argue the point or seek reimbursement after the fact with the owner than the body corporate. If you do nothing then the body corporate is likely to take action and stick you with the cost. Its cheaper for them than to take losses if the contract cannot proceed as scheduled. Beware there as well: costs from any delays due to your lack of action will also be passed on.
We just got a dog which is being trained as an assistance dog for my wife. We live in a unit which we rent and where other unit owners have dogs.
Someone has complained that we have an unauthorised dog on the property. As far as i am aware we dont even need to get landlord approval for an assistance dog and i would assume this applies also to the sticky beaks in the body corporate. These rights i believe are upheld under the disability discrimination act. I believe they are walking a fine line under this act even by emailing all unit owners of my email to the body corporate secretary
Hi David
I’m not aware of any rights under the disability discrimination act. That’s not my area of expertise. The BCCM Act certainly does make provision for upholding rights conferred under other Acts and it’s possible that the scheme by-laws also make provision. What those provisions are you, and your committee will need to find out for yourself.
I don’t see any problem in the way the committee has reacted. Control of pets is part of what they are required to do. Notwithstanding the legalities of the issue which you’ll need to check it seems reasonable to me that someone bringing a dog onto the property without permission should be confronted. There is no way to know it’s intended as an assistance animal unless informed.
Hi Lisa,
I live in a rented ground floor apartment and the top floor apartment constantly wash their balcony which then drains off onto my balcony covering my outdoor furniture with dirty water (It’s like a waterfall).
I believe this is a breach of the bylaws?
I have sent many emails to my building manager regarding this and they have not done anything about it.
I have been dealing with this for the past 3 months. Is there anything I can do?
Thank you
Hi Stephen
Check your scheme by-laws to see if there is anything explicitly discouraging the process. If you want to instigate a by-law breach then you need to find what by-law is being breached.
Next speak with your upstairs neighbour. Ask them if they could please stop doing it. Be courteous and direct. Do not lose your temper.
Keep a log of dates and times that it happens and of any steps you take to resolve the issue. It will make a difference if at any time you decide to take further action.
If the problem persists write to your committee and ask that it be stopped.
From there things are getting more complex and you need to look at making an Adjudication application.
Hi Lisa
I am renting a studio apartment (very small, about the size of a motel room), with no storage. However I do have an “exclusive use” underground tandem car space and since I only have one car there is plenty of space in front of my car, up against a wall. I have had to store some of my things in this area due to the lack of space in my unit. I have checked my tenancy agreement and it does not say that I cannot store my possessions there.
Recently I received a letter from the Strata Manager “The occupier of a lot must not leave rubbish or other materials on the common property in a way or place likely to interfere with the enjoyment of the common property by someone else. The Body Corporate kindly request that all the items are removed as the car parks are for the parking of vehicles only.”
I have a copy of the Community Management Statement of the Body Corporate for (my address). It states that I am entitled to the “exclusive use” of the car space. There is no mention of not being allowed to store anything other than a car in that space.
So my question…is my “exclusive use car park” still considered “common property”? If so why the semantics? And how do my carefully stacked possessions (up against a wall) interfere with the enjoyment of the common property by someone else?
Hi Annie
Yes exclusive use does remain common property, however, the area is still exclusive use. The lot to which the use is allocated is responsible for maintaining the area. Any underlying structural issues would be body corporate responsibility.
As to this
I agree with you. How is it interfering with the enjoyment of common property by someone else? Its not available to be enjoyed by someone else.
Most schemes do not allow items stored in basements, for fire safety reasons. Bodies corporate have big obligations when it comes to making sure that any fires are contained and eliminated immediately. For that reason they usually have a specific by-law that states what can and cannot be stored in exclusive use areas. Check the actual exclusive use by-law.
The wording of this scheme’s by-law does not appear to apply to you and I suggest, if there are no other by-laws, you could have a good shot at ignoring the breach and being supported by an Adjudicator. Please not legal action is always being a roll of the dice and there may be other mitigating factors.
That said, I would also consider the implications of the items in terms of potential health and safety issues including fire.
Hi Lisa
We bought and took possession of an apartment in September 2016 and have had to do some repair and additions within the apartment such as fit dishwasher, smoke alarms, extra power points, deadlocks on doors and cupboards in the laundry. It is an old block with concrete walls and ceilings. These repairs and additions have been done by tradesman and the majority of the work required power tools. As you can imagine drilling into concrete is not quiet.
The work was done during normal day time hours but a neighbouring tenant complained to the BC that we use power tools all times of the day and night which is simply not true. This complainant tenant used another tenant in the complex to channel their complaint through because the other tenant’s father is on the BC Committee.
Firstly, my understanding is that the complainant tenant should have directed their complaint with their landlord/owner and not through other means to the BC, is this correct?
Secondly, can the BC dictate to me that I cannot do repairs within the confines of my unit by tradesman during normal working hours?
I wrote the BC explaining the work done and they wrote back thanking me for confirming that it won’t happen again. Naturally, I am confused by their reply and get the impression that they think that I made an admission of guilt for breaking by laws which I did not.
Hi Euni
I don’t actually see a problem here. I understand you believe you’ve done nothing wrong. I also understand that you’re frustrated that the neighbour has complained. There is a breakdown in communication between what you’ve said and what the body corporate has understood but I don’t see a dispute.
You may undertake renovations between business hours or as the by-laws or house rules of the scheme direct.
Hi Lisa,
I’m a tenant and I recently received a letter slipped under my door from the strata manager saying a plumber requires access to mine and several other apartments,, and therefore I have to be present from 8am-12pm on the day or have someone else provide access. It says that if access is not provided a re-visit fee will be charged. I can’t afford not to work, nor do I have anyone available to be present. Am I able to refute this, or is this something that the real estate agent should take care of themselves (in terms of being present and providing access)?
Hi Matthew
If the works are required by the body corporate to maintain the common property then unfortunately they do have the right to enter the lot.
I’m not so sure they’d be able to charge you for not being available. If the situation arose then maybe you could challenge that.
Its a better idea to make some arrangement to get the whole thing over and done with without conflict. Can you leave your key with someone or someplace you trust? The workman can let themselves in and lock up when they leave. There’d be little inconvenience to you and they’d get the works done.
Hi Lisa,
I’m a plumber and was working in a restaurant on the ground floor of a unit block.
I was parked in a small residents parking lot, (which was empty at the time), behind the building.
One of the residents keyed my van and left a rude note on my windscreen, informing me that I was parked in a “Residents Only” space. I assumed that if I was working in the building, I was entitled to park there.
Can I present the body corporate with a bill for repairs to my vehicle? I still have the note and there are only around 10 units in the block. I don’t think it would be too hard to find the vandal.
Hi Sal
I’m sorry you had this happen to you. It can’t be pleasant.
The body corporate is not responsible for the actions of the residents of the scheme. The person responsible is the person who did it. I would make a report to the police then lodge an insurance claim for repair.
Do check with the body corporate as they may have security cameras that can help identify the culprit.
Hi
If a tenant had an accident on common property due to negligence, would they sue the resident managers or body corporate scheme or body corporate committee (the volunteer owners on that committee)?
Thanks
Sally
Hi Sally
The body corporate has a responsibility to maintain common property so any accidents due to negligence would be a body corporate matter. Accidents are covered by public liability insurance.
Thanks. So the complex has liability insurance? (As well as managers). Is that paid by the body corporate outgoings each year? (So it’s not the Body Corporate company that manages the complex that has the insurance, but the complex itself?) Are personal members ever liable?
Thanks again
Sally
Yes the complex has public liability insurance. An issue on common property body corporate liability. Maintenance of common property is not body corporate manager responsibility but the responsibility of all owners aka the body corporate.
The management company has their own responsibilities and any failure will be a failure to the body corporate or joint owners. They should have professional indemnity insurance of their own to cover any potential failures.
The committee will be liable for decisions they make. Their liability is to their fellow owners. Consequently most bodies corporate have Office Bearers Liability insurance to indemnify them for poor decision making of their committee resulting in loss.
Hi Lisa. Thank you for the very informative article. Could you please advise on an issue I am having with my rented apartment? My car space is under a very large tree and consequently, my car’s paintwork is being damaged by possum urine and leaves etc. Do I have a right to have this rectified by the body corporate or muse I park on street? Thank you
Hi Luke
Ohh … difficult question.
Is the area exclusive use? If yes then the owner is responsible for maintenance. Is it a maintenance issue though?
Maybe the tree where it lives is on common property and it would be a body corporate matter to have it removed and your car fixed.
Its a challenging question with a lot of potential variables. I’d talk to everyone involved. Start with your property manager. Also talk to the body corporate manager.
You might also want to explore whether you can make an insurance claim for the repair – on body corporate insurance firstly, then on your own car insurance.
We are in a townhouse complex of six in Qld. Back in 2012 we installed solar panels on our roof. The BC manager at the time led us to believe that the BC had no grounds for refusing the installation so we went ahead. You may recall that at the time everyone was being encouraged to go solar and that changes to the building act were made in 2010 stating that by-laws cannot prohibit installation of solar systems on the grounds of appearance. We provided all the specifications of what had been installed to the BC manager. Now we are being told that we must remove them because they are in breach of by-laws, but the by-laws stated are to do with damage to common property (there is no damage as it was professionally installed) and appearance of lot (solar panels cannot be seen from the street or from any other unit or by any neighbouring properties). The correspondence says they have to be removed because the committee did not approve them. I am considering seeking legal advice because I don’t think I should have to remove them. Do you think I should go to the expense of seeking legal advice? I will also say that we have been harassed and bullied by our BC president for seventeen years and in my opinion this is just another of his tactics. He’s a control freak and he has threatened me and many others over the years.
Hi Fiona
Oh dear. It’s pretty common to have someone on a body corporate hassle owners.
The body corporate is expected to behave reasonably. What’s happening doesn’t sound particularly reasonable to me. Going from nought to “take it down” is a bit premature.
To move forward make an application now for approval. I’m aware your application will likely be rejected; still make the effort. This matter is most likely going to end up in Adjudication, so yes, if you can afford it, do seek legal advice. A well timed letter may make the Chairperson back off. Find a strata lawyer though as this is technical stuff.
You may seek Adjudication to have the panels declared approved, if the committee won’t approve them. To seek Adjudication you must first try to self-resolve, which making an application is all about. Keep copies of all your correspondence and note down any phone calls with dates and times.
To have the panels removed, if you don’t do it, the body corporate also must seek Adjudication. Them asking you to do it is the first part of their self-resolution.
I’m sorry to tell you its going to be a fight. It doesn’t have to be a big challenge though. If the panels are not doing any damage, and they’ve been there a while, there doesn’t seem any reason not to approve them.
Thankyou. Yes that is exactly the situation, nothing then remove them. It seems ridiculous to be told to remove them now, five years later. At the time we did provide the body corporate manager with all the specifications of what had been installed. It complies to standards and was installed by a properly licensed installer. If they didn’t take that to the committee I don’t know what I am supposed to do about that now, except as you say, to apply for some sort of retrospective permission, which will not be given.
I do not believe it breaches the by-laws they have quoted because the panels do not cause damage and they cannot be seen.
I will locate a lawyer who specialises in this stuff. Thanks so much for your advice.
This whole thing is making me absolutely sick. The BC president has been bullying and threatening me for years. Every day when I come around the corner and see my home my heart sinks. I have never felt happy here, not in the almost twenty years I have lived here. My children were both born in that time and I could not even let my son kick a footy in the large garden because the one time he did, the horrible neighbour abused him.
He has threatened me, my kids, my friends, has peered in my windows, taken photos, asked tenants to spy on me. Don’t know why, I’m pretty boring! He’s a bully and control freak.
The Body Corporate Manager has suggested that I make a motion to the committee and has advised that if they reject the motion the panels will have to be removed. She hasn’t mentioned anything about adjudication. She should know very well that I can apply for adjudication but I guess she won’t be mentioning it. I guess I let the process happen, make the application, and then when it gets knocked back I surprise her by asking for adjudication. They are stating I have breached a by-law by doing damage, which it is not because they are properly installed and maintained. The other by-law they claim I have breached is visual, but the panels cannot be seen by anyone. So the committee will knock back my application with absolutely no grounds! I can’t believe the Body Corporate Manager is going along with this. She should know that you can’t knock back solar panels on such flimsy grounds.
Hi Fiona
It does sound like the body corporate manager is working with the committee here to breach you.
You could submit a motion to approve the panels to your next general meeting. That will allow all owners to vote.
Otherwise it looks like you’re going to Adjudication. Some legal advice might be the go here.
Hi,
I had an incident several weeks ago where my car was broken into in our “secure car park” beneath our unit complex. The roller door has been broken and stuck on open for 2-3 weeks and I know the property managers were definitely aware of this. Are the strata company/body cooperate liable/responsible for damages and/or loss as this incident would not have occurred if the garage had been secured.
Thanks for your time
Hi Suriya
You could argue that the body corporate ‘failed to maintain’ the common property which led to your loss. You would need to be able to prove that the loss would not have happened if the door had been secured. You would also need to prove the body corporate didn’t make reasonable attempts to fix the problem.
I’d discuss it with them and see what comes out of it. If you do decide to seek reimbursement then your avenue would be through Adjudication and you must try to “self-resolve” first. Talking is the first step.
Hi – my tenant has not obeyed a request to move cars for line marking and they are now saying they will bill me $150. He knew about it and confirmed with me that the previous week another car was the culprit.
They let me know while the contractor was on site. I told them to knock on his door until he moves his car or get a tow truck to move the car to the street at a cost of $75 instead of paying the line marker $150 to come again. Do they have a right to charge me $150 when I have told them of simpler and cheaper options.
Hi Sophie
They sure do. The body corporate has no right to tow the car and would expose themselves to risk by doing so. They did the right thing.
On charge the cost to your tenant. Its his fault.
we are in victoria.
my partner was reversing out of our units and hit our brick leterbox and it crumbled, we had spoke to body corp and the man is rude unhelpfull and said he could go trough insurance but will not and wishes us to pay $2000.00 i have tried for two weeks to get a bricklayer and organise and we didnt have the correct bricks and we are that stressed and are starting to feel bullied by body corp. what can i do i cannot afford $2000.00
Hi Jodie
Maybe you could claim on your own vehicle insurance. It was an accident after all.
If not then maybe insist that a claim be made on the body corporate insurance.
If that doesn’t work maybe let the body corporate pay for rectification works and then pay them back.
Hi Lisa,
I am in the same situation as many people on here. I received a letter giving me 3 days notice to say that my car parks (and my neighbours) would be being used for storage of equipment while the entire rest of the carpark is being resurfaced. They are doing the resurfacing one part at a time so everyone has no car park for a week – but myself and my neighbours have been told we will lose ours for the full three weeks and 2 days. Again we got three days notice this was happening AND they said we could park on a vacant block around the corner but they accept no responsibility for damage to my car. My insurance stipulates that my car is in a secure carpark overnight and in order to change that I have to pay fees. Can I claim them back? Is 3 days notice for this allowed? Is my car park being used for storage and me having to wait 2 weeks and 2 days longer than everyone else ok? I live in the NT and the owner is a 76 year old lady that lives in Melbourne. Any advise would be great.
Hi Brett
This is a difficult situation, for both you and the body corporate, not least because of the layered relationship.
If any compensation is payable by the body corporate it will be payable to the lot owner. Although the owner is required under your lease to provide you with what you’ve leased, their hands are tied by the body corporate who has additional responsibilities to the lot owners as a whole and quite possibly additional powers to use the parking. You’ll need to check the by-laws of the scheme.
Discuss the matter with your agent / owner and ask if they can put feelers out about recovering the additional costs. It is inconvenient for you, and, depending on your committee, reimbursing you for costs incurred might be OK. Discussion is a good place to start.
Obviously more notice is better but there’s little you can do about the situation now.
Hi Lisa,
I’m renting a townhouse in NSW. After school my kids along with several others from the neighbouring townhouses kick a ball around for a while before coming in. The strata by-laws prohibit children playing unless under adult supervision (kids are in the 6 to 9 bracket). The BC president has been taking photos of the kids any time I’m not standing there watching them (I’m there most of the time).
Is he allowed to take photos of the kids without my permission? I know there is no concept of privacy on public land in Australia, but this isn’t public land.
And if I persist in allowing the kids to play, how long do you think it will take him to have me evicted? I know that’s a bit of a silly question, but I’m only planning on staying for 6 months.
This sucks as the kids are only being kids, and are all very polite, well mannered and have never been rude.
Many thanks,
Jules
Hi Jules
Its hard for a body corporate, or owners corporation, to evict a tenant. Your contract is with the lot owner and only they can cancel it.
The OC can put significant pressure on the owner to do that though, through use of by-law contraventions. If you’ve not received a written advice of a contravention that will be their next step. Once that’s been issued then the next step will be adjudication to enforce.
I’m not sure about the photos. Privacy laws will apply.
Hi there,
I am considering buying a property under a Body Corp, however will be renting it out. Given that I will be responsible for Body Corp fees as the owner, am I entitled to use the facilities (swimming pool and gym) even if I do not live there?
Hi Tina
Good question. I have no idea of the answer. You’d need to check with the body corporate in question.
Our bylaws require written approval for the keeping of animals. I actually had a cat when this bylaw was introduced and was told I had to get rid of it because I did not have approval. After complaining it was agreed that I could keep my pet but must not get another once my cat died. No approvals for pets have ever been given by the committee. Currently one lot owner, the biggest bully around who has been horrible to everyone for years, has had a contract of sale signed for his unit. This is great news. I can’t wait to see him go. The prospective owners however have two large dogs. To my great surprise, the dogs were approved by the committee, including the lot owner who is selling his unit. I expect that the desire to keep their dogs would be strong in the prospective buyers, and I personally do not object to pets. I’m probably the only owner who hasn’t always objected. I believe it is a conflict of interest on behalf of the seller, because the buyer wouldn’t buy the unit if they can’t have their pets, and the seller has a monetary interest in making the sale. Would I be right in thinking that he should not have voted on this particular matter, due to an obvious conflict of interest?
Hi Fiona
Yes, you could certainly argue that the owner would obtain a monetary benefit from the vote, so should have not voted.
I wouldn’t bother though: sounds like he’s leaving.
The tenant said that he would remove the tree which grows on common property. I (the owner in the adjoining property) said that I would give consent only in the event that he removes the tree ( which is 20 meters high and overhanging and throwing a ton of leaf litter into my carport) from his lot first.
He replied that he could not cut down that tree because it is the owners tree. Would you not think that the tree on common property was the owners tree (i.e. mine) also?
I have been forced to take out a restraining order on him to prevent him from entering my property and removing my plants from my garden and throwing them against my carport door.
Hi Kit
This sounds like a pretty crappy situation.
The tree on common property should not be removed by anyone but the body corporate. It should certainly not be removed by a tenant.
Discuss the removal of the tree in the other lot with that lot’s owner. The matter does not have much to do with the tenant at all.
You’ve done the right thing by taking out a restraining order. What he’s doing is illegal and you should call the police if it continues.
hi there I live in a village where there is 40units do I have to get a resource consent to have a loft put in I’ve been told by the committee I do I own my own unit be interesting to know thank you
Hi Wendy
Check your scheme’s by-laws. There is likely a by-law that says that changes cannot be made without consent of the committee. Its worth doing as the body corporate does have the power to force the issue if you don’t tick all the required boxes.
Hi lisa, currently renting a unit in qld under body Corp and have been having issues with teens and kids damaging common property, and going through cars in both the car spaces out the front of the units and the visitors carpark. Also making alot of noise, young kids playing on scooters on the road inside the lot, I’ve taken it up with the centre manager and he keeps saying nothing I can do ect ect I was just wondering if you have any advice on this? The complex as it is is becoming unsafe to live in due to these teenagers and children. They kicked down the pool toilet door the other day..
Hi Rachel
Oh dear. That doesn’t sound good.
The Caretaker is not responsible for enforcing by-laws, rather reporting issues to the committee. Its the committee who need to take action. And you’re quite right it will get worse if its not addressed.
Consider contacting your committee asking them to take action. Vandalism should be reported to the police. Playing in the street should be addressed by the committee, first contacting the owners of the properties that house those causing trouble, then if the problems persist issuing by-law contraventions.
I am a tenant in an apartment block, which includes a ‘secure’ underground car space. I use the word secure loosely as I am aware that this does not mean it’s guaranteed against theft. The security gate for the building has been broken for over a month now and therefore left open all day and night. We received no notification that the gate was broken from the body corporate, or any explanation as to what next steps were. Unfortunately 3 weeks ago, somebody walked into the car park and broke into our car. Thankfully they didn’t take anything (we don’t leave valuables in the car) but they did cause $400 worth of damages.
I believe that the body corporate should pay for these repairs, as, they were negligent in their duty of care to us as tenants for not notifying us of the faulty gate. Am I fighting a losing battle?
Hi Alice
You won’t loose anything by asking. I doubt that they will pay though. There is, as you say, no guarantee that the building be “secure”. To be successful you would need to demonstrate that the body corporate failed to maintain common property and that resulted in a loss. So … maybe.
Hi there,
I’m currently been renting with the unit owner, i asked months ago, where could i park my car, the owner i live with mentioned, could ask the lady in the 1st unit to use her car space cause she doesn’t drive at all but she refused, i kidnly asked her too. So i had no choice but to park my car on the street which resulted days later my vehicle was hit, i was UNAWARE of it until the next morning… i did report it to Body corp too, they weren’t helpful.. Since then i have purchased a new car and at the moment, it’s parked on the street, it would be too silly for me to get up each hour to check if my car is okay everyday and conclusion.. sadly i don’t really want to move out but if it comes to another refusal. Do i hunt down the actual real estate that owns the block of units or? could someone please, give me advice what to do?
Hi Nathan
The terms of your rental are with the unit owner and from what you’ve said those terms don’t include a car space in the basement. If you have no space you will need to park on the street with all the attendant risks. The same applies to any unit where the cars of residents out number spaces allocated.
The body corporate and other residents don’t need to accommodate you. This qualifies as your problem and not theirs. If you don’t want to park on the street you need to find somewhere to rent with off street parking.
Hi Lisa,
I am own a one bedroom apartment and rented to someone else. But recently, the body corporation needs to repaint the whole building and my question is, does the owner receive any update information from the body corporation? like took photos after they are done etc. Because I am not living there so I feel a bit unsecured. Thanks in advance.
Hi Joyce
No, the body corporate is unlikely to send an update. If you want to see what the building looks like once complete you’ll need to visit yourself or have someone take photos for you. Maybe you could ask your tenant or real estate agent?
Hi Lisa
After reading a lot of the comments here it shows that unfortunately annoying and idiotic behaviour is quite common. I am owner-occupier in a 26 unit complex in Queensland. One of the tenants who rent through a real estate agent is constantly yelling, swearing and verbally abusing his mother, whom he lives with. The thing is this is not only done in the unit, but outside in the common areas where everyone can hear. The language is foul. I have two young children and dont think they have to hear this crass language. I have approached the body corp rep but he states there is nothing they can do, he is known to police due to him being a drug addict and petty criminal. I remember reading something in by-laws about behaviour that affects the peace and quiet and enjoyment of other tenants not being tolerated. I don’t want to approach him directly as he is a loose cannon, and will probably physically abuse me. Is there any leg to stand on to attempt to kick him out of the complex? Thanks in advance
Hi Mark
This tenant is breaching the by-laws regarding peace and quiet enjoyment. The body corporate committee is responsible for policing by-laws. A breach notice should be issued to the tenant and the lot owner.
The body corporate has no power to evict a tenant but they do have both the power and responsibility to enforce the by-laws.
Once a breach notice is issued then the body corporate can continue to issue breach notices and then take legal action until the matter is resolved, either because the behaviour ceases or the person moves out.
Hi Lisa,
We live in a small residential complex as tenants in QLD and have an ongoing issue with other occupants parking on common property ( common driveway and lawn areas ) which has caused significant damage to the lawns and vehicles blocking access to private garages. We have raised this issue many times by email with both the Body Corporate and our managing agent with little active response from either party.
At what point does a Body Corporate become negligent in their duty as a Body Corporate Manager in enforcing the most basic of Body Corporate By-Laws and how can we take them to task?
I look forward to your response.
Hi Mark
The committee is responsible for enforcing by-laws. Any communication you have with your strata manager will be passed on to committee who will then instruct what action, if any, is to be taken.
If the by-laws are not being enforced then lot owners make seek remedies through the court system. You can seek conciliation or an Adjudication Order that the by-laws be enforced.
It does sound like your scheme is having trouble with effectiveness of your committee. Check there is a committee elected as that may be the problem. Consider nominating for committee yourself and taking action.
Hi there,
I have an issue with my owners corporation.
Last weekend I hosted a party on my rooftop for my sister’s 18th birthday. It was hosted in a corner of a very large rooftop, we hired security and roped off the section because we had an open bar.
I did not apply to host the party as the rooftop has over 100 people up there on most Friday and Saturday nights. From what I have seen it all seems very relaxed. In fact there are a few times where I have gone up there and I have seen rubbish left everywhere after a Friday or Saturday night. I have seen the cleaners clearing it all, so I assumed that is obviously standard practice. After all this property was advertised on the basis that the rooftop was an amazing entertaining space.
The party went very well, there were no issues with guests and others on the rooftop were allowed to walk though if they liked. Many commented that it was a great setup. Except for my next door neighbour of all people, whom we always say hi to in passing. He explained that he was on the Owners Corp and that in future I should apply for a party like this, because 18th birthday’s have a but of a stigma to them – (my first thought was, ‘that’s discrimination’). Anyway we had the party. We finished up around 11pm when the property security guards came up to clear everyone from the level (this is standard practice). And I ensured the music stopped at 10.55 adhering to compliance with noise restrictions. We packed as much away as possible that night and the security guards stayed back about 15 minutes to allow this… Once again this is very much standard as there is a party up there every weekend.
The very next morning my partner and I were up at the crack of dawn and cleaned up the entire space, to a higher standard than it is normally kept. We didn’t leave any rubbish behind and there were some hire props that were removed the following day, (today).
This morning I walked past the building manager – and he stopped me when he was mid conversation with the cafe owner explaining that the owners corp were not happy with the party. He said I would be notified with a breach (I expected this as my not so friendly neighbour is on that committee and his comments signified a notice would be made) and then he said I would have to pay a cleaning fee. I said I would not be paying any cleaning fees because I am 100% sure we left that place as it was before the party, clean and without any damage. He said we also blocked off a fire exit, however there was a smaller (yet clear walkway available and we let everyone from outside the party though. Not to mention as a side note, on NYE this year the rooftop was crammed to the point where there wasn’t a clear walkway. My next issue is him addressing this with me in front of another person. And as a final note, there was a temp building manger on site throughout the day as we were sitting up, and he had not problems whatsoever. He even attempted to help us with the power as it was disconnected.
So now that I have given the background story, in summary my questions are:
– What are my rights in this scenario?
– I believe they will issue me a breach which will include a ban from all communal areas for 30 days.
However from everything that I have read on this site, and on Consumer Affairs Victoria, it seems breach notices are designed to stop someone from continuing to break the bylaws. So is it meant to be a warning, or a punishment?
– Are they within their rights to charge cleaning fees? Can I challenge this?
– Are their any flaws in their management as mentioned that coud allow me to completely challenge any sanction?
Finally, I am an owner. I have always said I wouldn’t go on the committee until I had an issue. I see their rules around this space as a major issue. Am I within my rights to be a member on this committee? I really dislike that my smug neighbour feels like he has the power to boss other owners around. And I am very disappointed with how this has been managed.
Many Thanks,
Hi Anastasia
I am based in QLD so can only comment in relation to QLD legislation. Here there is no capacity for the body corporate to issue a “fine” and certainly no way they can stop an owner from accessing common property. Things may be different in VIC, I have no idea.
Joining the committee may be the way to go. You can nominate yourself. Then it will be a question of being voted in by the other owners at AGM.
A breach notice can be issued. You will be required to abide by the conditions of the breach, which it seems like you already have.
Refer to the by-laws regarding the cleaning fee. Generally speaking if common property needs to be cleaned because of the actions of a lot owner then that lot owner will be responsible for making good the area. If you feel you’ve already made good the area then you can dispute any invoice charged.
What to take from this incident is that the committee is upset by people holding parties on common property without co-ordination with them. Discuss matters with then next time. There should be no problem holding the party. Its a question of being considerate of your neighbours, both before and after the event.
Should mopeds/motorised scooters be allowed to use car parks in which there are about 20 odd cars needing a space in a unit block of 30. There very mininal car spaces for everyone and there are at least 2 cars per unit. Most of them have to be parked out on the street or on the footpath where we get fined when there are mopeds parked in a car space.
Hi Shakira
I’m not sure what you mean by this. Are you suggesting that mopeds/scooters not be allowed in the basement car park? That sounds discriminatory to me and a body corporate is not allowed to create different “classes” of residents. Tenants and owners should be treated the same when it comes to use of common property.
Car spaces are usually allocated to a particular lot. If that’s the case then the lot owner / resident is able to park whatever they want in the car space, or nothing, as they see fit, as long as they don’t breach by-laws. If the area is exclusive use its no one’s business but the owner how they deal with the space. The space being partially utilised is not relevant. Other’s need of the space is not relevant. It’s not their space.
If the exclusive use allocations are not made and the scheme parking is first in best served then again, the moped was first in.
It is not the responsibility of other lot owners or body corporate to accommodate people with more cars than they have spaces.
Hey Lisa,
Just looking for some advice here. My roommates and I have had many altercations with our body corporate filming and taking pictures of us?
Just wondering is a law saying you can’t just take pictures/videos without permission?
Thanks Brad
Hi Brad
I believe there is legislation that stops people from taking photos/videos without permission though its not body corporate legislation. Maybe the Privacy Act? Its not my area of expertise I’m afraid. A lawyer would be better able to help.
This issue has certainly arisen before and there have been Adjudicators Orders about it, though usually in the context of other disputes as well. I don’t think you actually have a “dispute” under the definition of the Act to seek Adjudication.
Have a search about privacy issues and filming / photographing people. I would then write to the body corporate and let them know you’re unhappy with the matter. It probably won’t come to anything but you never know.
Hi Lisa
Re: Owners Corporation authority and obligation to stop a tenant harassing another tenant
Just happened to find this page as part of my, by now, desperate search to resolve a problem that I’m having here in Victoria. I understand that you’re based in Queensland and things could be different up there.
The short question is this : Does an Owners Corporation have any legal obligation and /or effective authority to decisively stop a tenant in a block of units from being a substantial, on-going nuisance to another tenant ? The conduct of the offending tenant includes being abusive and threatening as well as regularly trespassing on and physically interfering with the property of another tenant i.e. yours truly.
Currently in Melbourne renting a unit. Unfortunately, I seem to have copped a substance abuser as my immediate neighbor in this block (judging by the number of empty wine and spirit bottles that get tipped into recycling bin on a daily basis).
She has two dogs that bark constantly and that’s what started the current feud that’s going on. I went in there about 1.30 in the morning around the middle of last year, asking her to keep them quiet. She immediately became hostile… like .. you know .. I’ve gone in there at 1.30 in the morning for no reason. The barking continued … in fact it continues to this day. So I complain to the managing agent – same agent manages both my unit and this other character’s place, Agent says there’s nothing she can do as the owner of the property gave the tenant permission to bring “a” dog into the place. I noted the mention of “a” dog, as distinct from two dogs – plural. The agent did, however, explain that, unfortunately, there’s some sort of “personal relationship” between the tenant and the owner of the property. And I sense that it’s affecting both the agent’s and the owners corp’s willingness to be fair to me in all this. In other words, their biased
Next up, I try the owners corporation manager. She, apparently, did speak to the tenant . Since then, said tenant has been coming into my place regularly, often with the dogs in tow, ringing my door bell repeatedly, screaming abuse and making threats about “getting even with me”. Last Tuesday, when I was out she was seen by another occupant, fiddling with my fuse box. When I got home, the power had been switched off.
I have sent written complaints to the owners corp manager on numerous occasions. Again, nothing has been done. They keep telling me to either (a) get an intervention order (which can be a complicated process) or (b) leave the property !.
I contacted Consumer Affairs renting office and asked them to briefly clarify the legal situation in regard to what the owners corp must and / or can do. The “simple answer” droned on for about fifteen minutes. I really couldn’t make head nor tail of what he was talking about and I suspect that he had lost the plot as well..
It seems to me that complaining to the owners corp in such matters is about on par with complaining to your mother in law about your wife / husband. Would it be best if I did just apply straight to the courts for an order ?
Thanks
Bruce
Hi Bruce
The Owner’s Corporation has no responsibility to monitor a situation between you and the other tenant. That is outside their remit. The barking dogs however are their responsibility to enforce. Presumably they have a by-law which controls approval including what they do when disturbance is reported. Keep reporting and following up with the OC to get them to enforce the by-law.
As to the woman’s behaviour: your best option is to talk to the Police. This behaviour is illegal.
They most likely won’t be able to help, other than some advice, and dealing with her during an episode. See what they have to say. Do consider seeking a court order insisting the woman remain away from you and your possessions. However, with this sort of personality you might be lighting a fuse.
Start documenting every interaction and do document when and how long the dogs bark. Report the to the Owners Corporation. Do speak with the Police and keep safe.
Thanks Lisa
Appreciate your feedback. Police don’t appear to be interested (in much of anything.. really). However, I’ve been advised this morning that I have the right to use reasonable force to remove someone from my property who has been asked, repeatedly, not to trespass. So, if I’m being left to my own resources and being given the green light to do so … that’s what I’ll do .
Thanks again
Hello and thank you for this opportunity to ask questions.
I am having issues with my next door neighbour in a block of 8 apartments since they moved in April 2015. I have chosen not to speak out as I am a fairly easy going person that does not want to cause problems with ‘harmony’ within the block.
Over the years, I have witnessed the tenants do the following:
• Park in my allotted parking space since April 2015
• Vandalise my car by urination, smearing food and dirt on my car, scratching my car. On one occasion I witnessed the female occupant smoking a cigarette and blowing the smoke into the grill of my car so my car smells of smoke ( I am a non-smoker)
• Flicking rolled up cigarette butts over the courtyard gate into my courtyard
• Had their friends buzz my intercom and disturb my privacy
• Kick my door because I did not answer
• Terrorise my cat by tapping on my bedroom window
• Their cat comes into my courtyard and ‘poos’ in my garden
• I have tied a rope and secured the gate between their courtyard and mine because they have a dog and I have a cat. They have continued to untie this rope and ‘trespass’ into my courtyard since April 2015 without my permission. I have since secured the gate with metal ties but they cut through this on Sunday evening and again ‘trespassed’ into my courtyard.
• Their dog barks at all hours of the morning and late at night. I used to volunteer at an animal shelter so I understand animals can become stressed and bored when left alone.
My concern is that this is slowly ‘escalating’ and the behaviour is becoming worse. During the week, I spoke to a nice police officer and he advised to call 000 at the time of the bad behaviour.
He also suggested that I ask permission from the Body Corporate to install a latch and padlock on the gate between my courtyard and theirs to keep them from continually invading my privacy and safety.
I now fear for my safety and I believe the male occupant may have a mental illness as he once greeted me ‘Good morning’ through his courtyard in nothing more than a pair of jocks whilst I was watering my garden (after all the above behaviour).
After letting my real estate agent know this week and therefore the Body Corporate, they have advised the following:
“That the resident in the Apartment is an Owner occupier. ”
“In regards to the car parking, we can issue a reminder to all tenants of their car parking allocations however we cannot forcibly move cars. Hopefully just a misunderstanding that is easily rectified. ”
My concern is that the tenants are not owner occupiers, they originally rented through a real estate agent when they first moved in and whoever is the new owner is letting them rent through him directly.
So my concern is that they are not aware of the rules and regulations associated with being tenants at Clarke Street. Because they are not bound by a written lease agreement.
What are my rights? If any? I live in Victoria.
Thank you.
Hi A
Oh dear, this description makes my skin crawl.
Its such a difficult situation to deal with people who are menacing others. You already know their behaviour is appalling and pushing back can increase the problems. Unfortunately there isn’t a lot of other options.
If you feel threatened then call the police. They are your first line of defence. I’d even report instances of trespass and if things continue as they are look at getting a protection order.
With the body corporate it makes little difference if the resident is an owner or tenant, they still need to observe the by-laws. Do pursue the installation of a lockable latch on your side of the fence, its a great idea. Also continue complaining about breaches of by-laws, particularly the parking. If the body corporate is involved, and it turns out the resident is a tenant, maybe it will get the owner involved as well.
If you live alone consider getting a dog for protection. Maybe take some self defence lessens. Anything that’s going to increase your feelings of safety that are being eroded by the campaign of harassment. Maybe make contact with someone in the scheme you can go to if a situation arises.
Its a difficult situation. I feel for you.
Hi not sure if you can answer this but I bought a block of land in a body corporate managed estate around 4 years ago. I have a electrical piller connection box in the middle of my driveway blocking access to my property. The electrical piller is clearly owned by the body corporate and for 4 years now all as they have said is “get some legal advice ” which varies from lawyer to lawyer.
Would you have any suggestions?
Hi Matt
That is a difficult question and I understand the need for legal advice!
What are you trying to achieve? Do you want the body corporate to pay to move the piller? Are they suggesting you need to move it at your own cost?
There are a lot of potential variables here. Is the piller common property? Does it serve only one lot, yours? Is it situated on common property or in the lot? All variables will affect the outcome of the question of who is responsible to move. You would also need to demonstrate it needs to move. Presumably you’ve been using the lot for the last four years: why change current conditions?
When you can answer those questions talk with the Office Commissioner Body Corporate. You may need to make an Adjudication application, present all your findings and allow the body corporate to present their’s, then let an Adjudicator decide.
Hi Lisa,
We are new tenants in a twelve month old apartment complex of 18. Prior to signing the lease we
sought permission from the agent and the apartment owner for two indoor cats with an outdoor light mesh cage in the yard. The cage is clear (see through) and fronts the street and is set back approximately .7m from the front and side fence on the grass. The cage also houses their litters and stands approximately six foot high. This is connected to the apartment by a cat door and light mesh tunnel. this allows the cats an indoor / outdoor experience without interference to an environmentally sensitive area across the road from the complex (responsible pet ownership).
We were granted permission by the agent and the owner for the cats and the cage. Our next door neighbor (owner / occupier) said she did not like it and was taking it to the body corporate!
A few days later we received an email from the body corporate via the agent that said (a) we did not seek permission for the pets, and (b) the cage is not in keep with the appearance of the lot.
Two questions. Firstly, do you still need to “seek permission from the body corporate” after the law change in NSW where “owners can’t refuse pets except in exceptional circumstances”, and after both the agent and the owner gave us permission? (Please note that we have responded “seeking permission for the pets” from the body corporate anyway to try an smooth any waters).
And secondly, how do we go about resolving the “appearance of the lot” as there are no guidelines, no rules, is entirely in the yard (we only have a front yard), and in no way does it affect any views etc ?
We wish to live in quiet enjoyment but seem to have ‘crossed’ the neighbor who also has a cat that she lets out but she says it stays only in her yard (we have seen it outside her yard and we fear for the wildlife across the road – the council has erected a both cyclone fence around the area to try to protect it). What rights do we have?
Thanks in advance
Hi John
When you live or visit a body corporate you must abide by the by-laws. From what you’re saying the by-laws limit the keeping of pets. There will also likely be a by-law about the appearance of the scheme.
The owner / agent do not have the ability to bypass the by-laws; no one does. They can only grant permission for you to keep the pet in the lot, and then they can do that subject to the by-laws of the scheme.
The pet by-law likely notes that pets may be kept subject to conditions, the most basic of which will be that permission must be sought. Retrospectively applying for approval is the way to go. You should also apply for approval for the cage. You might not get it but its worth a shot.
If approval is not granted contact the NSW Office of Fair Trading and find out about the dispute resolution process.
Thanks Lisa
Most helpful and much appreciated. Happy to recommend your services to anyone.
John
Good Morning,
I have just sent an e-mail to the supplier of my gas and electricity to inform them of the date that we will be moving from our rented property. I received a response from them saying that they were no longer the supplier and haven’t been for 3 months. This is news to me and I still pay the previous supplier by direct debit. Do the body corp have the right to do this? I have not signed any documentation with the new supplier and have not changed any banking details. Not being kept in the loop as renters (not just us) is one of the reasons why we are moving.
Hi Deborah
It will depend whether what you’re talking about is an actual supplier or an entity that bills.
If its an entity that bills then the body corporate is and always has been the on-supplier of electricity and gas. Who they use to prepare the bills doesn’t seem particularly relevant so long as the correct usage is being charged and the payment receipted. If you payment is through DEFT then its likely being accounted by the new biller.
If the supplier was an outside arrangement then the body corporate shouldn’t be able to do anything to change that arrangement.
Hi I need help urgently,
Our complex gate is temtrementale, some days it opens and others it doesn’t.
We have been stuck inside our complex more times then you can imagine.
I’ve addressed it with our property manager and over the last four months it just keeps going back and forth- body corporate say there is nothing wrong, they say they have sent out contractors and have come back with nothing.
but our gate doesn’t work- I got all tenants in the complex to sign a partition to try and get the body corporate to fix it or replace the hole gate or we keep getting are excuses now they are saying the moter was replaced last year and it was faulty and that it now should be working BUT ITS NOT
then they said its our batteries- all tenants changed their batteries and still doesn’t work.
then they said they would send a “tree lobber” ? what? how’s that going to fix our gate…
this has been going on for four months, since last year. I finally convinced the owner to reduce our rent as we were supposed to be paying for a secure complex but we park on the street.
what can I do?? how can i breach the body corporate, they clearly don’t care at all.
ive tried breaching our property manager and owner they wouldn’t decrease our rent unless I withdrew it and STILL NOTHING IS FIXED it keeps going round and round in circles.
WE ARE NOT SCARED FOR SAFTEY – what if a fire brigade or ambo need to gain access? what can we do.. please help or point me in the right direction PLEASE!!!!
THANK YOU !!!
Hi Tegwyn
You can force the body corporate to do maintenance, if they’re not already doing it, or the repairs in question affect the structure of the unit. So for instance, if there is a leak into a lot from common property the body corporate has no option but to address. If its reported and not addressed then Adjudication can be sought to force the body corporate to take action.
In this case it sounds like the body corporate is undertaking maintenance as required. There have been several issues with the gates, all of which you’re being told are fixed. Its unfortunate that the repairs are not sticking. It does sound like the gates themselves need to be either removed or replaced.
If you rent a unit and the dishwasher breaks down you can ask the owner to fix it, and they have to. This was a facility that was provided to you when you entered the contract. The body corporate doesn’t have that same duty to either tenants or owners. If its broken, its broken. The owners may choose to fix it or they may not. It really is up to them. Its the same if there’s a swimming pool. If it starts leaking the body corporate can close the pool until further notice.
Now owners and tenants might get up in arms about the failure, just exactly as you’re doing here. You’ve complained to your owner. You’ve received a rebate on your rent. Hopefully it will encourage your owner to put pressure on the committee or submit a motion that the gates be replaced. It is the combined owners though who will make a decision.
You could try Adjudication as a tenant to try and force the body corporate to change the gates. Tenants can make applications. Talk to the Office Commissioner Body Corporate dispute resolution service and see if they think its worth pursuing.
Hello Lisa.
Hope you are well and enjoyed the lovely weather on the weekend.
Yet another entry to this blog about my neighbours.
Someone placed a hardened container of wood putty under the wheel of my car. It made a pop noise under my tyre. I will be getting my tyres checked on the weekend (2nd time now) and hopefully this has not caused any damage.
I overheard the male occupant bragging about the incident to his partner (the neighbours I am having problems with).
I understand this deliberate act of vandalism is not a Body Corporate issue. However, I do believe that keeping the surrounding area of the building free from hazardous objects and rubbish is.
I know this is a hassle, but is there anything my Real Estate Agent can do about mentioning this to the Body Corporate so they can remind the block to keep the surrounding areas free from hazardous materials.
I will be going to the Police about this as this has become a safety issue, particularly since my mother stayed over on Friday and Saturday evening and I drove her home on Sunday.
Thank you.
Hi Agnes
You poor thing. How annoying.
Unfortunately I’ve had two similar experiences living in a body corporate and one ended when the neighbour moved and the other when I moved. As you say, this is not a body corporate issue. Approaching the Police is the right thing to do. Hopefully they’ll have some ideas about how to handle this situation.
Hi Lisa,
Having recently sold up and moved back to QLD from VIC and I am back (reluctantly) in the rental scene while my property in VIC sells. I forgot how much fun it wasn’t.
We are in a group of 20 odd townhouses with a central common driveway.
We woke up yesterday to a large group of workman scoping out the common driveway area. My partner works from home and by mid-morning they were cutting cement (without water suppression) and jackhammering within 20m of our front door. This not only blocked the driveway it also made the residence unlivable for a short time due to the excessive noise and cement dust. We have pets (approved) and our neighbors have small infant children.
My question is, for reference, what is the responsibility of the BC to notify tenants of these style of major works? Especially to the point that they will make living in the premises impossible for a period. Also, due to the cement dust what is our recourse for cleaning ect?
Thanks again for your help and for producing and incredibly helpful resource, we will be looking at buying in Brisbane in the near future and if in involves a BC we will be coming for your services.
Regards,
Steven
Hi Steven
Welcome back to Queensland.
You’re correct the body corporate should always notify residents that things are happening within the body corporate, particularly when the disruptions are going to be so large. I would have expected at least one, if not two or more circulars to residents notifying the works were happening, their scope, and when they’re expected to be complete.
There isn’t any hard and fast rules about disruptions like this. Presumably the body corporate has to carry out the works as part of their responsibilities to maintain common property. Just as a house owner has to put up with disruptions when they do works, so too do residents in a body corporate. The differences in a body corporate are more people are affected and someone else is directing the works.
Its the same with cleaning. Disruptions should be kept to a minimum, but, if the works are required, then everyone has to put up with it. That applies to dust etc generated from the works, not any specific damage caused by the contractors. Any damage should be repaired.
As a tenant you may have some action against the landlord for not providing unobstructed access. That would be real estate law though and not really my area.
Hi
I purchased a property in Durack QLD, my neighbours are leasing the property that they are in. These are a 3 bedroom town house and they have turned their 2 car garage into basically a inside games room. No problem there except when they become so excessively loud and you cannot hear your own TV. I have had several confrontations with them, when I have gone over and knocked on their door and politely asked them to turn it down. Some have been okay about, others from the resident have come over and banged on my door and become abusive. I have recorded are reports to body corp but it does not seem to change their behaviour. I am not the only tenant that has had this problem, another neighbour has been physically threatened by the same residents. Recently I had a visitor and we were in my garage they were so loud we could not hear each other, my partner held out form them to town it down and before we knew it 5 of them came over into our shed and threatened us. We have some video of this when I finally activated my video but then had to stop as we felt threatened enough that we need police assistance. They turned up 6 hours later. In the meantime we had to endure them talking about the different ways they were going to kills us. We feel quite threatened and enough to want to take expensive items out of my home when I leave for a night. The police finally spoke to us and basically told us we really don’t have a leg to stand on but I will be pursuing that this week. They also called us racists again South Africans which is completely untrue. They accused us of having our music on the Friday night when we were not even home. This has been on going since they moved in. Wondering if anyone else has had similar experiences and what they have done. Thanks in advance,.
Hi Fiona
That sounds awful, and unfortunately common as muck. It only takes one person or group to upset an otherwise healthy environment.
Whenever you feel threatened call the police. Each time the tenants breach the by-laws report it to the body corporate. If the committee do not take any action to enforce the by-laws you can seek conciliation with the committee that the matters will be approached. The body corporate can pass the breaches onto the owner and put pressure on them that way to get the tenants out.
Check with your strata manager. Maybe there isn’t a committee for your scheme, meaning someone actively making decisions on behalf of owners, in which case consider joining the committee. You may have more luck removing these tenants from a position of being able to act.
There is one unit in our complex which has four adults living there who engage in all night parties. I have complained to the Body Corporate Manager after the first three parties but nothing changed. Since that time there has been two more parties. I am considering taking this matter further with the committee but I do not know the tenants names. I have asked the property manager and the owner of the unit for the tenants names but have received no response. One resident broke up a fight between two tenants so I am not keen as a woman to be approaching the tenants to discuss the matter. The owner is also a committee member. We called the police on at least two occasions but the party had disbursed as they arrived long after. How can I find out their names?
Hi Lyn
If you have no details of the tenants then the body corporate should breach the lot owners. It is up to them to take action to ensure their tenants are behaving in a way that isn’t disturbing the other residents. Legislation does require that tenant details be notified to the body corporate but very few landlords action, and even fewer bodies corporate follow up.
If you’re not on the committee, you as a lot owner can issue a breach notice to the lot owner via the body corporate. Once received the committee is required to take action.
Hi Lisa,
I am a tenant in a unit complex with a body corporate. My partner and I had an uncharacteristically loud disagreement at around 8pm at night which resulted in one of our neighbours phoning the police. Nothing eventuated from this – the police came to investigate the noise and promptly left when they realised it was just a disagreement. My question is – what happens if the neighbours complain about the noise? It has never happened before and I cannot foresee it ever happening again. What could the Body Corporate potentially do?
Thank you,
Hi Alice
A breach notice will be issued if one of the neighbours has complained. So long as it doesn’t reoccur it should be OK.
Good morning
Can a tenant on a fixed lease be evicted or given 60 days to leave for breaking Bylaws at an over 50’s village. Two of the bylaws cannot be remedied as they involved destruction of common property, i.e. complete decimation of established gardens surrounding the unit, and also the chopping down of a tree because it interfered with her view of a lake on the property. The third bylaw was when she allowed a visitor to park their motor bike on the lawn outside her unit overnight.
I am also finding to financially difficult to rent elsewhere as my pension decreased, council rates almost doubled, as did insurance and I am out of pocket as compared to living in the unit.
Can I list both these reasons and give her 60 days to vacate? I want to do everything legally but I may not be able to extend my own lease by the extra four months between our leases. The tenant’s lease ends mid March 2020 and mine November 2019 – this happened because the first lot of tenants abandoned the property four months into their lease. Renting out this unit has caused me more problems than I thought.
I live in Queensland. I tried to ask RTA about these problems but only got a standard reply letter saying we need to both agree to end lease. They did not answer my query.
Please advise
Hi Jennifer
The body corporate cannot end a person’s lease. The matter is between the tenant and the owner. Since its not a body corporate matter I know little about it.
If you’re the owner, read the lease. It will set out the terms. I think there is usually provision for the owner to take back possession of the unit for their own purposes, say for instance you wanted to move back in. If nothing is clearly contained within the lease clauses you need legal advice on what you can and cannot do.
I know this is an old post but I had few questions.
I’m renting a unit in Victoria. It’s a lot with 4 units, two tenants and two owners. we’re in the second. It is shared driveway with parking at the front of each unit. So, the bedroom window also faces the driveway. But the problem is , unit 3 has two kids (I also have a kid). Whenever the dad comes home (it might be 9pm to 12am somewhere between that time), the kids come out and run in the driveway ; greet their dad. As the bedroom is facing driveway, everything can be heard. We asked them if they would not bring the kids out when they come at the night time, he told me that my children have freedom to do anything. He got mad. He suggested we move and live in a quite place instead. My husband on the other hand turns the headlight off when he enter driveway at night time so that he wont disturb others. When we asked him if he has any complains he can tell us. At first, he said he doesn’t complain. After he said that, even sometimes when my husband starts that car that disturbs them too because he has nothing to say. They said their son is sleeping at 8:30 am in the morning and he get’s disturbed. Is that reasonable complaint or ours is ? Can they do anything because they are owners?
Hi RS
I’m based in QLD so the following may not necessarily apply in VIC. Ask you question at the Flat Chat Forum if you want local feedback.
The by-laws for the body corporate apply to owners and tenants equally. Presumably there is a by-law about nuisance. In a body corporate residents need to accept a reasonable amount of noise. What qualifies as “reasonable” is arguable but take your local Council guidelines as a source. There are local Council by-laws to facilitate noise control. No loud music after a certain time, control of barking dogs and so on. I’d suggest screaming kids at 10pm is a lot less acceptable than starting your car at 8.30am.
Whether the owner can make trouble for you: is he not already? The body corporate cannot evict you. They can issue a breach notice if the neighbour complains, but equally you can complain of their behaviour. You cannot control people’s behaviour, lord knows many bodies corporate have tried. They’re going to act how they’re going to act. From your perspective, ensure you are living within the guidelines of by-laws and if your neighbour’s behaviour becomes too objectional make a formal complaint to committee.
Hello Lisa,
Are you still available for advice ?
Kind regards,
Ludka
Hi Ludka
Yes still answering questions. How can I help?
Can the owner make me pay for the pet application fee (body coroporate administration fee) if not stated in the lease?
Hi Pamela
The body corporate world is strictly user pays. You’re the one who wants to keep a pet so you should pay the cost. It has nothing to do with the owner being between you as the resident of the lot and the body corporate.
Hi lisa,
Thank you for your help
Hi,
I was wondering do tenants have the rights to say no to body corporate if they are doing work on common grounds. Asking to use electricity and water. They have not offered to pay any reimbursement for what they used which was ridiculous with water.
Am I able to say to no ?
Thanks
Hi Selena
That sounds unfortunate. You cannot refuse the works but its odd for them to be seeking to use your water and power when they can simply you common property.
If your bills are higher than normal maybe seek reimbursement from the body corporate or your owner.
Hi
Can you please clarify the following….
If a member of a body corporate (who resides onsite) has a noise issue with a renter in the building is this a body corp issue?
Apparently the tenant has been approached and the real estate informed. The body corp has been approached now to send a breach letter to the tenant as apparently the noise issue is continuing. The tenant is not breaking the law by making noise outside legal times nor have any other owners or residents complained or been bothered by the renting tenant.
Where do we stand as other members of the body corp?
Is it allowable for a body Corp to contact the tenant directly?
Should the body Corp deal only with the real estate renting out the apartment?
Hi Bonnie
Things are not quite that clear cut. It is a community. If there are problems the people impacted are expected to try and self-resolve the issue without involving either the body corporate or outside dispute resolution. So, yes its quite allowable, encouraged even, for one resident to approach another resident and say politely “hey, you’re bothering me, could you turn it down.” The idea being that the parties discuss and find a resolution.
If the matter is ongoing then I would expect it to be reported to the body corporate, who would then be required to enforce the by-laws. They would do that most likely in the same way by saying to the tenant “hey, could you keep it down” in either a letter form or a quiet word with Caretaker or committee member. Again, the idea being that the matter is resolved by reasonable parties before resorting to the dispute resolution procedures in the legislation, such as breach notices etc.
Things don’t always work out that reasonably, which is why I wrote this article, and that can lead to bullying and accusations and all sorts of nastiness. Unfortunately there is no way to regulate other peoples behaviour. If you feel that the body corporate actions are not appropriate perhaps you could write a letter of support to committee. It seems to me if they are seeking a breach notice the matter is escalating and the noise is continuing.
My property manager and his family are trying to push me around. Himself and his wife have entered my yard without permission a few times, theres now a padlock on my gate. They attempt to peer through my windows, they park in my parking space, they keep leaving bags of trash in front of my gate to my yard which is attracting pests. When confronted the wife threatens to have her son beat me or my guests up and as far as I know her son is a trained fighter. I am an Epileptic and I need my parking space clear at all times for emergency vehicles, and the property manager knows this, they have seen me be taken away in an ambulance a few times now. I feel like I have no privacy and I now feel unsafe with these threats of physical harm. Can someone please help me?
HI Kaylee
Any time threats are made its a police matter. Call them. They may not be able to do anything but it will let the neighbours know they are being monitored.
Its tremendously difficult to regulate someone’s bad behaviour, particularly when its coming from the people who are acting for the owner. It might be best to consider moving. If you’d rather stay and fight it out then you need to get a copy of the by-laws for the scheme and see what ones they are breaking. Being an ass is not against the law.
Hi,
What about common areas where there are people entering without tenants being notified prior to do quotes and things in regards to repairs? I am having issues where the common areas I’ve mentioned are right near my windows and where I park my vehicle, or our shared back courtyard. I would love prior notice as I have concerns of privacy loss being near my windows and worry whose near my vehicle! Our realestate agent has told me twice now when I’ve emailed my concerns, it’s body corp or council and that’s it! Never follows through with anything from there onwards! I opened my blind last Saturday to find, one of the owners, from another unit outside my window! I wasn’t happy about that at all, especially afer several people popping out weeks prior to that where I found myself having to ask them who they were and what where they here in the common areas? I do now have the body corp contact number, but I feel it’s the realestate agent who should be making our owner aware of our concerns and forwarding our concerns to body corp. Am I correct in thinking this? Should we be notified prior as tennants for work or quotes being done for future repairs to the properties? In this case it sounds like water pipes, which invoves all 4 units here.
Thanks!
Hi Natalie
If you’re talking about people coming into your own exclusive use area, then you should absolution be consulted before any entry to the area. Its the same as if they body corporate needs to come into the lot for some reason. Appropriate notice should be given. If that’s the case you should go ahead and make a complaint in writing to the committee.
If the areas are common property, meaning communal areas, then there is no obligation to contact you. Its common property and the body corporate is responsible for its maintenance. You have no control over those areas at all.
Hi Lisa,
I am an ‘approved occupant’ in a rental unit, within a complex of 8 units. Our landlord owns the unit I live in and my housemate is the lease holder, renting the unit via an agency. The complex has a body corporate and strata rates are paid by the landlord/unit owners.
Recently I crashed my car into the large sliding electric entrance gate to the complex whilst parking, damaging the gate beyond repair (side note: this happened at night. The gate has no reflectors on it, which a gate repair company has advised are required and the delay which should keep the gate open for 60+ seconds is broken; therefore the gate closes only a few seconds after fully opening – had the gate been open for the 60+ seconds it would have still been open when I repositioned my car and therefore impossible to hit).
When our rental agency manager reported the accident to the body corporate their response was “you broke it, you fix it” and have suggested I claim on my personal car insurance. The issue here is that I only have ‘3rd party property cover’ and my car insurers are saying this excludes property under my ‘care or custody’, i.e. the gate where I live.
I have been advised by a member of a body corporate elsewhere, that because this is classed as damage to ‘common property’ that the body corporate should be able to file a claim with their own insurers. I of course would be more than happy to pay their excess as I am not trying to shirk responsibility of what happened.
Do you know whether this is in fact the case? Any guidance or advice would be welcome – the cost of the gate to replace has been quoted to me as around $4’000, a significant amount if neither my car insurers or body corporate’s insurers will approve a claim. Many thanks in advance!
Hi Anon
It is normal for the body corporate to ask whomever caused the damage to pay, or for their insurer to pay.
Since you don’t have insurance that will cover this sort of incident I’d assume that the body corporate could make an insurance claim. That won’t be helpful for you because the Insurer will simply try and recoup the costs directly from you.
You can then argue mitigating circumstances, ie that the gate wasn’t working correctly and this contributed to the accident. I’ve no idea whether that defense would work or not. Maybe you’d be able to negotiate a lower settlement amount. I imagine this might be contingent on being able to prove your allegations.
Hi Lisa,
We have an investment apartment unit in a building managed by their body corporate and we have tenant living in our property.
We have recently been reported by the onsite property managers that our tenant had caused some damage in the common property area and thus they want to charge us for the damage caused by the tenant.
It sounds like there is no police report for the incident and our tenant denies the claims about the damage he did.
Can onsite property managers (or the body corporate) really charge us (the lot owner) for the damage caused by our tenant as they claimed?
Without having a police report or a video footage, how can we make a judgement and charge our tenant for the damage caused in the common area?
and as the property owner, when we let a new tenant into our property in future, what can we do to protect ourselves from such incidents?
Any advice will be much appreciated.
Andy
Hi Andy
I’m afraid this is a legal question for a Solicitor.
I agree with you. It sounds very much like he said / she said. How has the body corporate determined it was your tenant? Are their witness statements or are they simply pointing the finger? I would expect at least some form of proof.
Hi, I was wondering can the body corperate president be allowed to go around taking photos without informing residents of their cars at our units, as he does this to complain to strata management. I was wondering is he allowed to be taking pics. I find with kids in the complex too and not knowing him and hes seems to be taking pics is wrong. Does he have legal right to be doing this?
Hi Vanessa
That’s a question about privacy laws, not specifically body corporate. You should ask a Solicitor.
If the cars are parked in breach of common property then yes, I would expect taking photos to happen. Photos are an accepted form of proof in disputes.
Hi,
We had to evict a tenant in our apartment because of threatening behaviour. Our agent did everything to the letter of the law. The Body Corp now wants us to pay for the security they hired (without our agreement) to monitor the tenant. There was no damage to the common areas – however, they say that as their insurance company will not cover this – it is ‘damage’? Is this correct? It sounds weird – they offered to pay half.
I am a tenant in an estate in Victoria. I have become friends with my neighbours and some of whom are on the body corporate. It appears my lot owner is not very good at paying the BC Fees. And my neighbour/friend/BC member keeps asking me to pass my landlords details on to them so they can try to recoup the arrears.
I am reluctant to do this because my landlord is whom I have a contract with, so it feels like i am breaching some kind of unspoken code of ethics. I’m not even sure he is responsible for this or if that relationship is with BC and the lot owner.
As much as I don’t want to throw my landlord under the bus, I am also aware that I may be perceived as being somewhat difficult.
This is rather conficting and I was curious what my obligations are.
The last time this happened, probably over a year ago now I did raise it with my landlord, but I feel like it created a little bit of an issue and really wouldnt want to repeat the same thing again.
Any advice would be appreciated.
Thanks in advance
Hi Tara
I’m unsure why your body corporate needs to know the details of the lot owner. They should already know. They should already know. Its weird that they don’t but you do.
If it was me I’d tell the landlord that the body corporate is looking for them and asking for contact details. Then I’d tell the body corporate that you told the owner.
Question; What if the ‘owner/neighbour’ is harassing and making threats of violence to a neighbour tenant (non-owner?)
The tenant has had items stolen, received verbal abuse and harassment and received threats of violence over a carriage (text message), after telling the ‘owner/neighbour’ that their [ongoing construction noise – lasting months upon months] has been waking them at 4am-7am. The tenant then received a very nasty message saying that this ‘owner/neighbour’ is evicting them as he is the prominent voice of the body corporate.
The rental agent have informed the tenant they are actually taking legal action against the body corporate and the owner/neighbour after they relocate them, but is there anything else that can be done to penalise this racist, thieving, lying owner/neighbour?
Hi Tired Student
Any threats should be referred to Police. They are the appropriate party to deal with that. If you incurred costs you may have a civil action against the parties but you would need to discuss that with a Solicitor.
The body corporate is not required to control peoples’ behaviour. Its not something they can do anyway. The body corporate cannot evict you either. They have no part in your lease agreement with the owner. They can only breach you if you breach the by-laws.
The construction noise from your neighbour is a breach of by-laws and should be reported to the body corporate for appropriate action, such as it is.
Hi there,
As a landlord, I recently received two special levies imposed on my unit, stating the costs were incurred by my previous tenants.
i have no contact of my previous tenants, hence not able to get reimbursed by them.
Is there a timeframe for OC to pass on the costs incurred by tenants to landlord?
Thanks in advance.
Xiao
HI Xiao
There is no timeframe that I’m aware of. That said, I would expect it to be as soon as they’re aware of the liability, for exactly this reason! I think this is something an Adjudicator might need to answer. You might be better served speaking to a Solicitor about this matter.
Hi there,
thanks for this page. It is very informative. Downloading the ebook now 🙂
I came home to the owner corporate in my back yard and they told me it was “public property.” We do share an emergency exit for the other tenants to use if needed, however everyone has put up gates and they seem to approve this. I was never told I had a public property as a backyard, I was somewhat aware that EMERGENCY access could be needed through our backyard/ courtyard. Its also not mentioned in my lease, nor was any further paperwork provided re: owner corp. rules.
Today they complained about dog poop in our yard, which we clean up periodically- they just came UNEXPECTEDLY on a bad day. Are they trespassing, or is my backyard public property… and does that mean I can have a party in my neigbours yard this weekend? 🙂 Kidding about the party.
Thanks so much for any advise you can give. I’ll also look into your ebook.
I certainly will not rent a property under an owners corp again!
Hi Emily
This is kind of confusing. In a strata scheme there is no “public property” so you’re being told the wrong thing there. There might be “common property” which means the land is held in common for all owners. If its common property then yes, the owners corp or body corporate can access it. They can also make rules that keep other people off.
If its your back yard we’re talking about then likely the area is granted as exclusive use. In which case what you’re being told is doubly wrong. Exclusive use is granted for the right and enjoyment of the lot its given to. There may be specific clauses in the exclusive use grant giving the body corporate right to enter the property but there are limited reasons this can happen. Either 1) its an emergency or 2) the body corporate has given you 7 days notice in writing. There might be conditions in the exclusive use grant that appear to modify this but that would contravene legislation which is not allowable.
That’s how it works in Queensland anyway. The only reason any authorised representative of the body corporate should enter an exclusive use area is if its on fire or there’s a burst water main or some other emergency. Otherwise notice needs to be given.
You need to find out if the area is common property or exclusive use.