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stuffy – the Section of the NSW Strata Schemes Management Act that Cosmo posted (#2) states that certain works can be undertaken and associated costs recovered by an Owners Corporation (O/C) where a Beach of a By-Law by an Owner requires them to undertake those works, and the don’t.
So I’d suggest that on the basis that the items placed in the courtyard are obstructing the lawful use of that common area by other residents, and that filling all the common storage areas with similar items prevents others from lawfully using those areas, your O/C should issue the Owner of the Lot with a Notice to Comply citing a Breach of By-Law 3, which states that:
“An owner or occupier of a lot must not obstruct lawful use of common property by any person.” ____and…
… requiring that Owner to remedy that Breach by removing all their stored items within a reasonable (but short) timeframe.
If that doesn’t achieve the desired outcome, then as an alternative to the O/C taking the usual next step by applying to the NSW Civil & Administrative Tribunal (NCAT) for a penalty, I’d be inclined to have it write to the Owner, with a copy to their tenants as the “occupants of Lot X “, outlining instead what it proposes to do in accordance with procedures given by Jimmy (post #3), and enclose a copy of the Application for Mediation Form so that they can initiate that step should they so choose.
Then if necessary, the O/C can then have all offending items removed, and upon the expiry of 14 days for anything unclaimed or 90 days for any personal documents, it can dispose of those and recover the costs of doing so from the Owner by having the Strata Manager add the amount applicable as a separate line item on the next Levy Contributions Invoice to that Owner, where if it’s then unpaid it remains as a debt against the Lot.
OK, you run the risk of not being paid until the offending Owner sells their Unit, but then the usual approach of the O/C applying for a Penalty involves written submissions, and can involve appeals, extensions, and of course the risks involving the idiosyncrasies of the NCAT – whilst during all of that time the problem remains unresolved.
