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[Anonymous]

{This was originally part of another thread}

I’m a tenant with two bicycles locked up behind the staircase (an empty space with no thoroughfare) where they’ve been for about three years with no problems.  There is also a store room, in which some other bicycles were stored, until we had a break in and one was stolen. Mine were left, because they were securely locked.

One flat owner paid to have a single bike lock anchor installed in the store room, to lock up his bike.  He has been agitating for me to move my bikes into the store room, where I know they are not secure.  He expects me to pay to have my own anchor installed, but I am not in the habit of paying for upgrades to buildings in which I am only a tenant.

He has threatened to take it to the owners committee (which is just him and two other lonely po-faced old whingers) and have them issue an order.  I am interested in what by-laws could be employed in such an order.

Section 3 refers to obstruction of common property, which I don’t think would be compelling with the bikes having been in their exact position for three years and not blocking any thoroughfare.

Section 9 refers to “rubbish, dirt, dust or other material” which is a perfect example of ejusdem generis and definitely not applicable if the bikes are still in usable condition.

This only leaves Section 2 – vehicles.  I have looked through previous cases at the NCAT and been unable to find a precedent for the tribunal’s interpretation for the meaning of ‘vehicle’ and whether it includes a bicycle.

I’d be perfectly happy to lock up my bikes in the store room if a locking anchor was provided, but this strata committee has always been far more interested in aggravating tenants than improving the building so I doubt it will happen.  I could of course just crowd my bike lock onto his anchor (but that would only cause further argument), as he’s installed it on common property, so it’s a fixture and therefore no longer his private chattel.

Is anyone aware of any precedent on the application of Sections 2, 3 or 9 to bicycles locked on common property?

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