[petya]

Thank you JimmyT and Flame Tree for your response.

 

@JimmyT said:

Landlords are responsible for the behaviour of their tenants (up to a point). Pass a by-law saying that residents must not leave oversized rubbish in that area or they will be charged the cost of its removal.

Put up a sign warning residents that leaving oversized garbage is a breach of that by-law.

And put a note on the by-laws given to all tenants warning them that leaving rubbish in that area could affect their bond as the landlord will be charged for its removal.  

So you are saying that potentially with the by-law you’ve mentioned landlords may be charged for the rubbish that is left by tenant who moved out? Just wondering whether the situation is different from the one if an owner sold their house, left rubbish on common property and moved out.

 

One more question – do I understand correctly that having a motion about oversized rubbish on AGM similar to the by-law you’ve mentioned is not sufficient?

[petya]

Thank you Lady Penelope

The fee is relatively small indeed but I can find better use for a 100$.

After reading the forum  I have an impression that SM agents are not really punished for not following rules, so I have concerns that even if I win the case it doesn’t really affect SM agent and nothing really stops them to repeat their wrong actions (in case if I’m right that it is actually wrong).  

[petya]

Thank you, Lady Penelope

I’m a member of SC, but not secretary.

I’ve seen the opinion you quoted and fully agree with it, my problem that SM agent doesn’t fully agree. Basically they say that I either I should get permission of OC to get the access under section 181, or I should pay the fee indicated in section 182.

And eventually I maydo it (I mean use section 182).  Just before I do so I wanted to clarify for myself whether PSBA clause 38(1) is applicable in my situation. I’m not seeking a legal advice, but just wondering if anybody had an experience  in using the  PSBA clause 38(1) in order for a SC member to get the strata roll free of charge and without asking for OC approval for the request. 

[Author]

Replies