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There are penalty points for such things as failing to notify and register leases on the Strata Roll, but how exactly does this work? (Until recently I’d never heard of a Strata Roll.)
I asked my former agent – the building’s caretaker – to lease my apartment “mid- to long-term, minimum six months or longer”. He ignored this and rented it short term and never registered, what he calls, a lease as he “has never felt it necessary to waste our strata manager’s time”. In total he rented my apartment to 126 different ‘lease holders’, some as short as two nights, with never a registration on the Strata Roll.
Who applies the penalty points, how are these applied and how much would he, or would it be the strata manager…or me, be up for on 126 unregistered ‘leases’? It should be noted that he’s renting 40 apartments in our building on minimum one night stays and has been doing so for 15 years. There’s money there for someone!
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The points refer to the basic unit of fines that can be issued by the CTTT. At the moment one point is the equivalent of $110. It is expressed this way so that they don’t have to rewrite the Act every time they want to increase fines across the board. So right now, say, five penalty points equals $550.
I’m pretty sure the caretaker would be liable for any fines but I would check with a strata lawyer before you have any further with this. Make sure you have copies of any correspondence regarding the letting of the apartment.
It’s time your building had a good hard look at this person who is probably also breaching council by-laws. I hope our friends from ARAMA (the Australian Residential Managers body) are reading this because they would tell you that caretakers never do this kind of thing when we know some are rorting owners left right and centre.
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