› Flat Chat Strata Forum › Living in strata › Unit owner moved security camera to steal storage › Current Page
some time ago, an owner in our building physically changed the direction of a security camera. It was so he could not be seen taking over a storage unit that did not belong to him. What would you suggest would be an appropriate course of action for this stupid act?
My first impression is that the offender in question is selfish and not as you suggest, “stupid”.
As I see it, the offender is interfering with the common property (being the camera) and interfering with another lot’s lawful use of a storage unit.
The following comes to mind.
Under the NSW Strata Schemes Management Act, residents must not:
1. Interfere with or impact another person’s lot, including services provided to them or the common property. This includes doing anything to affect another lot owner’s water, sewage, drainage, gas, electricity, garbage, air conditioning, heating or telecommunications services
2. cause a nuisance or hazard to another resident, such as playing loud music
3. use the common property in a way that interferes unreasonably with others in the scheme using and enjoying it.
This is spelled out as follows:
STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 153
Owners, occupiers and other persons not to create nuisance
153 Owners, occupiers and other persons not to create nuisance
(1) An owner, mortgagee or covenant chargee in possession, tenant or occupier of a lot in a strata scheme must not:
(a) use or enjoy the lot, or permit the lot to be used or enjoyed, in a manner or for a purpose that causes a nuisance or hazard to the occupier of any other lot (whether that person is an owner or not), or
(b) use or enjoy the common property in a manner or for a purpose that interferes unreasonably with the use or enjoyment of the common property by the occupier of any other lot (whether that person is an owner or not) or by any other person entitled to the use and enjoyment of the common property, or
(c) use or enjoy the common property in a manner or for a purpose that interferes unreasonably with the use or enjoyment of any other lot by the occupier of the lot (whether that person is an owner or not) or by any other person entitled to the use and enjoyment of the lot.
Common Property – Camera
You could inform the Strata Committee that the offender is breaching the NSW SSMA [s. 153(1)(b)] by repositioning the common property (camera) without authority and what do they plan to do about it?
Another lot being inconvenienced
If the offender is also interfering (and hence inconveniencing by creating a nuisance) with another lot’s lawful use of the storage area, has he/she complained? If not, he/she should inform the Strata Committee that the offender is also in breach of [s. 153(1)(a) and (c)] .