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Topic
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Hi All
A resident has recently started a new business- car detailing high end cars. This is occurring regularly on common property using residents and visitors car spaces, using OC electricity, has electrical cords and hoses running all over the place including in front of residents garages, tools everywhere, paint dryers and is generally making a mess. Also the banging and the grinding noise is very invasive as is the smell from the spray paint – which has also gone onto the cement floor and side fence.
This is a residential building only.
Our strata managing agent is off sick so could you please advise how to tackle this situation and prevent it from continuing.
Slim
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Go through your by-laws and see which of them have been breached. Then hold a committee meeting with the breaches on the agenda for discussion and action. Then send the miscreant a Notice To Comply (on the official form) for each of the by-law breaches you allege. If they refuse to stop, go straight to NCAT for enforcement – no mediaation required.
NB: With the strata manager absent, you need to go through the process diligently: agenda – meeting- NTC. And you don’t need to send a warning. A notice to comply is a warning.
The model by-laws include:
1 VehiclesAn owner or occupier of a lot must not park or stand any motor or other vehicle on common property, or permit a motor vehicle to be parked or stood on common property, except with the prior written approval of the owners corporation or as permitted by a sign authorised by the owners corporation.
4 Obstruction of common propertyAn owner or occupier of a lot must not obstruct lawful use of common property by any person except on a temporary and non-recurring basis.
6 NoiseAn owner or occupier of a lot, or any invitee of an owner or occupier of a lot, must not create any noise on a lot or the common property likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property.
Just be aware that your by-laws may be differnt.
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You can also buy a lockable powerpoint box so that this person can’t use the common power supply.