Reply To: Destructive druggies wrecking the block

Quirky wrote:

strata law is generally about the building, and doesn’t really help with difficult residents.

Not sure about that. The model by-laws have clauses relating to noise and, more generally, “Behaviour of owners, occupiers and invitees” (below).  Most schemes will have by-laws like this and if they don’t have them at all, then I believe the model by-law applies by default. Registered, valid by-laws are as good as strata law, when push comes to shove.

The committee or strata manager could send a warning to the residents that they are in breach of the by-laws and tell them the next notice will be an official “Notice to Comply” which carries potential financial penalties.  But they could just send a Notice To Comply directly – there is not need to send prior warnings.

If they are tenants, then they should be warned they could be evicted as a breach of by-laws would be a breach of their lease agreement.

As far as damage goes, if the strata committee can prove it, they can send them a bill for fixing it and if they don’t pay, take them to court (not NCAT) for reparation.

6 Noise
An owner or occupier of a lot, or any invitee of an owner or occupier of a lot, must not create any noise on a lot or the common property likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property

7 Behaviour of owners, occupiers and invitees
(1) An owner or occupier of a lot, or any invitee of an owner or occupier of a lot, when on common property must be adequately clothed and must not use language or behave in a manner likely to cause offence or embarrassment to the owner or occupier of another lot or to any person lawfully using common property.
(2) An owner or occupier of a lot must take all reasonable steps to ensure that invitees of the owner or occupier:
(a) do not behave in a manner likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or any person lawfully using common property, and
(b) without limiting paragraph (a), that invitees comply with clause (1