#36060
Sir Humphrey
Strataguru

    There are generally default rules/bylaws/articles in state and territory strata legislation which say general things along the lines of “A unit owner must not use the common property, or permit it to be used, to interfere unreasonably with the use and enjoyment of the common property by an owner, occupier or user of another unit.” This is the ACT version but I expect it is similar elsewhere. Another default rules says “In these rules … owner, occupier or user, of a unit, includes an invitee or licensee of an owner, occupier or user of a unit.” This means that tenants must comply with the rules of the owners corporation, not just owners.

    So, on the face of it, the person verbally abusing you is contravening an owners corporation rule – being shouted at interferes with your enjoyment of the common property. You could ask executive committee to issue what in the ACT would be called a ‘Rules Infringement Notice’ or similar term elsewhere.

    In the ACT, and possibly elsewhere, the Act says: “If the unit owner does not occupy the unit, the owner is liable separately and together with an occupier of the unit for any breach of the rules of the owners corporation by the occupier, unless the owner proves that the owner took reasonable precautions and exercised appropriate care to prevent the breach.” So, the Rule Infringement Notice could be sent to the owner of the unit as well as the tenant. If the unit is let via an agent, the notice could be sent with a covering note to the rental agent. It might not be the first complaint that the agent has received about this tenant.

    I can’t say whether it would be better to attempt this route via the strata committee or whether a direct complaint to the police would be preferable. Perhaps both. A verbal assault is illegal even if it occurs on private property, i.e on the owners corporation’s common property.

    Of course there is always the difficulty that it is your word vs the other party with no witnesses and the committee might be reluctant to play policeman. In case it happens again or escalates, it might be worth at least putting a complaint in writing to the committee with reference to the relevant owners corporation rule. It may then be taken more seriously if this problem continues or a later instance is witnessed or it happens to someone else.