#82960
Jimmy-T
Keymaster

    I changed the heading on this post from “Storage of junk in car space” because I think the real issue here is the inability to contact the owner. Once you have contacted the owner, you can deal with the by-law breaches.

    And I think the key to the solution is to agree at a strata committee meeting to issue a Notice To Comply and then pursue an action at NCAT for the impposition of fines.  The fines will escalate every time your notice is ignored and eventually that will get the owner or their property manager’s attention.

    Also you might look at Section 258 which allows for maximum fines of $550 for failure to notify the OC of the commencement of a new tenancy.

    258   Tenancy notice to be given to owners corporation

    (1)  If a lot is leased, the relevant person must give notice of the lease to the owners corporation not later than 14 days after the commencement of the lease.

    Maximum penalty—5 penalty units.

    (2)  If the relevant person fails to comply with subsection (1), the tenant may give notice of the lease to the owners corporation.

    (3)  If a lease of a lot is assigned, the assignor must give notice of the assignment to the owners corporation not later than 14 days after the execution of the assignment.

    Maximum penalty—5 penalty units.

    (4)  The notice must be in writing and specify—

    (a)  the name of the tenant and an address for service of the tenant, and

    (b)  the date of commencement or assignment of the lease, as the case requires, and

    (c)  the name of the real estate agent managing the lease, if applicable.

    Any or all of these are intended to get the lot owner’s attention, so with that in mind I would go in hard at the start and then ease off once contact has been established.
    There’s a very good chance that the property is being managed by a rental agent who is simply not passing on the messages from the OC because they want the owner to think they are on top of their job and they don’t want to bother them.  Sudden appearance of fines on their levy notices will bother them.
    Anyone else been in this situation? And how did you handle it?
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