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[Jimmy-T]

QUESTION: A new tenant in our building insists on leaving her two bikes in the walkway to our building, blocking access. We have asked her repeatedly  to move them to the bike storage area. She refuses, citing harassment and ‘tenants rights’.

When our cleaners moved the bikes she called the police and moved them back.  Can we claim the cost of all the letters (including Notices To Comply) and visits by the strata managers from the owners of the tenant’s unit? – Irena, Darlinghurst.

ANSWER: This lazy, antisocial resident is calling your bluff. While a  Notice To Comply carries the threat of a $550 fine, pursuing one through the Consumer, Trader and Tenancy Tribunal can be expensive – hundreds if not thousands of dollars – and the CTTT doesn’t award costs.

Hold a General Meeting to introduce a new by-law establishing an ‘administration fee’ to be paid by all residents if Notices To Comply  have to be issued because they are in breach of by-laws.

I have since been told that this may not be strictly legal. What you
need is a by-law that says anything that obstructs common property may
be removed for fire safety reasons.  Then you have another by-law that
says there is an admin fee that may be charged for the return of these
obstructions from storage. Either way, you need a strata lawyer to draw
this up.

The Owners Corporation Network (ocn.org.au) may have a draft by-law you can use.

This tenant will be in breach of her rental agreement – she has to abide by your by-laws – so get the landlord involved too.

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