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Topic
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I am wondering what to do in that my daughter’s young upstairs neighbours (renters) have moved a friend into their garage which is below her bedroom and study. There is no bathroom but he has access to the laundry and stairwell inside the flat. Despite this, he often uses the garage door and She hears it going up and down constantly. The neighbours have not spoken to her and they all seem to be avoiding her. She let it go for two and a half months thinking they were helping a friend but after the irritation of his inviting friends over and no sign of his leaving she let strata know who said they would follow this up. It is now almost 4 weeks later and nothing. Any suggestions on her next move. She is am an owner. Thanks.
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Living in a garage would be a breach of council regulations and also a breach of the car parking and/or garage by-laws. It would also impact on the building’s fire insurance.
If I was in your daughter’s position I would contact the Council and ask that they issue a Notice to these tenants. I would also contact the SM and demand that action be taken about this immediately. The letting agent should be notified about this by the SM, and also the owner of the Lot.
If any committee members live onsite then they could go and speak to the tenants and tell them that are in breach of the regulations and that they could face a fine. This may be enough to make the garage dweller move out.
A General Meeting would need to be held to approve the issuing of a notice to comply or bring an application to NCAT.
Some info from the LookupStrata site that may be helpful ….. “To enforce a by-law an owners corporation must either:
(a) issue a notice to comply and, if the behaviour continued to make an application to NCAT for penalty orders; or
(b) make an application to NCAT for orders that a by-law has been breached or the behaviour complained of (for instance depositing rubbish on the common property) constituted a nuisance and, if the behaviour continued after an order was made, to make an application for penalty orders.
The first option, issuing a notice to comply, is now much more attractive to owners corporations as:
- The maximum penalty has increased from $550 to $1,100 for the first breach; and
- The maximum penalty for a second breach within 12 months of the first order is now $2,200; and
- The penalty is payable to the owners corporation unless the NCAT orders otherwise.”