[Colt12]

Great, thanks for the information Lady Penelope.

My friend needs to weigh up whether it is worthwhile making the application, as it will be known that she was the person who reported it. The tenant in question frequents a pub across the road so may still be around the area, along with her various pub companions, even if evicted.

The tenant doesn’t appear to have any disability and seems to have a full-time job which she drives to each day. The owner didn’t mention any disability in an email attempting to defend her actions either. 

The strata managers are pretty much useless – my friend asked them if the body corporate should seek legal advice on the over 55s issue, they responded that they would need legal advice on that. In other words they needed legal advice on whether to seek legal advice!  

[Colt12]

Thank you for the response and information Lady Penelope.

The property is restricted for use by over 55s and people with a disability under the State Environmental Planning Policy. We ended up speaking to the council in question and they advised they could act but only if a written complaint were to be provided from my friend.

The over 55s angle was an important purchasing factor for my friend, but it seems to be a sham if a new owner can come in and brazenly disregard it as has happened here with the knowledge of strata managers and the well known real estate company who installed the tenant. 

[Author]

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