› Flat Chat Strata Forum › Parking Peeves › Persistent by-law breaches by tenants › Current Page
Hi fhutt
The link (Tenants Union) I originally shared I have found to be a helpful site and it states:
No eviction by the owners corporation
The owners corporation cannot evict a tenant – only the NSW Civil and Administrative Tribunal can if it makes a termination order on application by the landlord/agent. The provisions of the Residential Tenancies Act 2010 must be followed when ending a tenancy in a strata scheme.
I see that you’re trying to circumvent the notice being from the OC, owner or agent but still think what you’re suggesting conflicts with the legislation (however not a lawyer). If you’re keen to delve into the legislation to understand it fully here’s the link (go to part 5), https://legislation.nsw.gov.au/view/html/inforce/current/act-2010-042#sec.94
Also, in addition to the the above legislation you need consider if the by-law would be considered to be harsh, unconscionable or oppressive, as that would be another reason it wouldn’t be allowed.
Hopefully that reading proves helpful, and you find a way to negotiate harmonious coexistence.