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[Roland]

The Strata Schemes Management Act 2015 Section 153 sub-section 1(a) prohibits nuisance. Our SP in NSW has a problem with an owner who is in breach of this section by feeding stray cats on common property and putting out food on common property for ibis. Can SP go to NCAT with photographic proof of breach and have an enforceable order issued? Is this covered in the automatic by-laws update?

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[Jimmy-T]

“Nuisance” in strata law is a legal term with very narrow definitions – but it could be loosely defined as something that causes another owner harm.  When you think how long it took to get passive smoking accepted as a possible nuisance under strata law, then your cat and bird feeding probably isn’t going to qualify.

There is no default by-law on feeding stray cats or “bin chickens” but all you have to do is pass one.  “Residents and their guests are not permitted to feed wild birds or stray or visiting cats or dogs on common property, or encourage them to cross common property to be fed on lot property” would probably do it.

Have an EGM, pass the by-law, issue Notices To Comply then have them fined when they ignore them.  It’s time consuming but it’s a lot easier than trying to get NCAT orders by stretching the definitions in strata law.

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[Roland]

Interested that you say nuisance has a narrow definition. Would very much like to know the cases you rely on to form this opinion. The common law threshold of nuisance (based on the cases I’ve read) seems clear. An interference with common property by nuisance in breach of Section 153 should have consequences. Interested to know what they are so SP can seek remedy. Section 153 created so that the common law breach by nuisance can be remedied without resort to by-laws which are expensive and can be a clumsy solution when the drafting of Section 153 already anticipated this problem.

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[Jimmy-T]

I don’t know why you are asking our advice when you are such an expert on these matters.  Off you go and do it your way.  Good luck.

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