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There is a new tenant in our building that insists on storing her 2 bikes in the walkway to our building ( common property) blocking the access for all. The executive committee have written to her to ask her to move them to the designated bike storage area. She refused citing harassment and tenants rights. The strata managers wrote to her asking the same. She ignored letters.They then personally visited her asked her to remove them . She cited harassment again. After 8 weeks of her ignoring the letters our cleaners moved the 2 bikes to the bike storage area at the rear of the building. She called the police and said the items were illegally claimed harassment. She moved the bikes back. My question is can we claim the cost of all the letters and visits by the Strata managers (who have billed us for their time in this matter) from the owners of the tenants unit? And what can we do about the problem tenant?
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We have had a constant battle regarding residents (owners and tenants alike) using common property for extra space. We have had bikes, prams, building materials, soil, bricks, garbage and of course the old washing lines/drying racks (in the driveway mind you not on balconies). And even cars parked outside of garages in the narrow driveway. This ontop of the always present use of visitors car spots. We sent out a letter in plain english, not the strata bylaw language. It stated that when you step out of your front door, that is common property. When you step out of your garage into the driveway, that is common property. Yet still people persist. One could understand if it were a new resident not aware, but it is those who have received the notice time and time again.
I believe that people know all the hoops the EC has to go through to get any action done. So they behave themselves then get back at it. Would be great if the EC could get items removed with adequate notice to resident in question. I personally feel like giving up. If people want to live in a place that looks like a dump, then so be it.
But at least you are doing the right thing in writing to the tenant, and doing it through the managing agent so there is a record of communication. At least in this way, should there be an incident with these bikes (ie someone falls/trips over them) you can show that you have done your best at notifying and asking them to comply.
This is what concerns me when members of my EC will not agree to write to residents regarding common property issues, preferring to “just talk” to them. With no evidence that the committee has done their duty of care in upholding the bylaws and protecting the complex and its residents against any claim made due to injury of “illegally” stored items on common property makes me wonder if the EC could be held liable for not acting.
Irena said:
There is a new tenant in our building that insists on storing her 2 bikes in the walkway to our building ( common property) …
This posting is going to be the basis of one of my columns this coming weekend but the gist of my response WAS that you need to introduce a by-law that imposes an 'admin fee' for anyone who breaches the by-laws and has a Notice To Comply sent to them (with provisions for that admin fee not being levied if it turns out thery weren't in breach).
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.
People who've been told they were in breach and continue to misbehave will soon stop if there is an instant 'fine' – although you must never call it a fine. Those excellent people at the Owners Corporation network (ocn.org.au will probably have a draft by-law you can use).
Also this tenant will almost certainly be in breach of her tenancy agreement so you can write to the landlords and tell them to either move her out or straighten her up.
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