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Topic
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The unit in the top flat installed an alarm system in the roof and a cctv on the common wall outside his door (on the common wall) without permission. What’s more, the alarm is noisy and has been triggered off in the middle of the night disturbing the sleep of everyone. He should have known better because he is on the owners corporation. What can be done about this?
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Here are a couple of standard by-laws – you may have these or similar:
1 Noise
An owner or occupier of a lot must not create any noise on the parcel likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property.
5 Damage to common property
(1) An owner or occupier of a lot must not mark, paint, drive nails or screws or the like into, or otherwise damage or deface, any structure that forms part of the common property without the approval in writing of the owners corporation.
(2) An approval given by the owners corporation under subclause (1) cannot authorise any additions to the common property.
My building also has a by-law that specifically forbids alarms in apartments. Yours may have variations on these.
So the process would be a) get the EC chair or Strata Manager talk to the owner about removing the alarm and at least getting permission for the camera, or having it removed from common property. b) identify which by-laws they are breaching and then ask an executive committee meeting or your strata manager to issue a Notice To Comply for each of the by-law breaches you have identified.
After that it’s up to the owner to comply or face action at Fair Trading and possible fines at the CTTT.
If the EC declines to take action – as they might, because he is a member – you can go to Fair Trading yourself to initiate a complaint. You can find out more about that process HERE.
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Legally, you may not film or record without a notice on property advising that a camera is being used. Perhaps you might also be able to inform council or police?
OC will need to give permission for that notice to be placed on Common Property.
Cheers,
CBF
