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Hi Jimmy,
Thanks for posting my earlier contribution notwithstanding you had reservations. Allow me to clarify a couple of points:
1. Your point on determining ownership of the storage unit is indeed Job #1. Who owns the storage unit? The Owners’ Corp? The lot owner (on title) or the lot owner (via exclusive use). If via exclusive use, what conditions were placed on the said lot owner?
2. As to TrulE’s inclusion of “loud music” in the paragraph:
Other important responsibilities of strata residents
There are other obligations for strata residents under the Act. Residents must not:
* 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 ;
* cause a nuisance or hazard to another resident, such as playing loud music; and
* use the common property in a way that interferes unreasonably with others in the scheme using and enjoying it.
Note this was lifted chapter and verse from Fair Trading’s website, see https://www.fairtrading.nsw.gov.au/housing-and-property/strata-and-community-living/strata-schemes/by-laws-in-your-strata-scheme in their reference to “nuisance”.
The matter of “nuisance” (ie “inconvenience”) was considered recently by the NSW Supreme Court and it was found that
* The mere causing of inconvenience was not necessarily an actionable nuisance. Instead, the reasonable and ordinary use of land may be a good indicator of whether a nuisance within section 153(1)(a) of the Act has been created; and
* Substantial interference with another owner needs to be established
see The Owners Strata Plan No 2245 v Veney [2020] NSWSC 134 (Veney Case), the Supreme Court of NSW
Which again brings us to the key point: who is being inconvenienced – a lot owner of the Owners’ Corp – by what seems to be the unauthorised use of a storage unit.