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We have been turning a blind eye to one of the units in our complex. It’s about 55 square metres, 1 bedroom, and the owner (who also lives there) rents out bunkbeds in the apartment). I would estimate there are between 4 to 6 people living there at anyone time. It’s quite a squalid affair, with the whole Bangkok slum laundry hanging off the window scenario- 4 or 5 women pad up and down to the common property laundry through the day (I sometimes wonder if they are running a business out of that). The owner is an ingenious little creature. Built a false floor into one of our common property sheds and used to get his power from the common property too.
We have turned a blind eye long enough I think. What’s the law? What’s the next step?
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I suggest your best and most effective option would be to contact the Council and lodge a complaint regarding possible illegal use of the property, i.e. that the owner is using the premises in a way that has not been approved. With the recent publicity surrounding the tragic fire in the apartment block in Bankstown this is something that is very topical.
The Council has powers to enter and inspect properties, they may find quite a few concerns.
It’s a growing problem, judging by this article. Obviuously, this needs to be stamped out before more innocent students die in fires. But the only way that will happen is if Owners Corps have the right to enter and inspect (on reasonable grounds) and the later-day Rachmans who exploit the rental market like this are jailed and have their properties taken from them.
But one thing worries me – where do these kids go when they are kicked out of these hot-bunk Hell houses? Surely there’s some reliable agency that can set up safe shared houses and flats for them where they are paying the same money but not overcrowding.
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One thing OCs need to bear in mind – if they become aware that a lot is being used in an illegal way, for example outside the scope of council approval, and they condone that use, or are wilfully blind to it, then a number of things may follow.
“Acceptance” of the illegal use may void the strata insurance, either wholly or in part. So for example, if there is a fire, the OC may find they are not covered for damage to the common property, i.e. the insurance company will reject the claim.
Similar considerations apply if an owner alters the common property in some way such as installing wiring that doesn’t comply with standards. If the OC does nothing, and there is a fault in the wiring, then they are likely to be liable for any damage that flows from that.
It is difficult but turning a blind eye can have serious consequences.
I’d just like to ad that, as well as alerting council, you should look at your strata plan’s by-laws and see where breaches have occurred, hold an executive committee meeting and issue a Notice To Comply for each of the by-law breaches you can prove.
And you should alert the Fire Services to probable fire safety breaches.
In other words, firstly make sure you have proof then hit them with everything you’ve got.
You’ll find the offiicial Notice to Comply form HERE
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