The revision of By-Law 3 that’s provided in the 2010 Regulation to the NSW Strata Schemes Management Act (1996) adds the words “except on a temporary and non-recurring basis”, and therein lies a hint that even the Legislators are softening the application of that By-Law.
Right now though your Plan’s version of By-Law 3 is the unsoftened version, and whilst PeterC’s right (post #2), an “obstruction” could be in the eyes of whoever it is who doesn’t see it and consequently bumps into it and/or falls over it, and further, your tenants really shouldn’t be chaining their bicycles to a balustrade any more than they should be dragging them up three flights of carpeted stairs; both have the potential to damage Common Property.
So I think that your tenants would be foolish to not follow the Owners Corporation’s (O/C) advice (that’s what it is) as issued by its Strata Manager to the effect that they should comply with the By-Law.
A possible solution? Well bear in mind that the issuing of a fine is a maybe that’s a very long way from where matters are presently, but in addition to lobbying your O/C as Jimmy T suggests you and your tenants need to do something now about the current situation.
I’d suggest you immediately write to your Strata Managers, who work for you remember, acknowledging the advice provided to your tenants, “sticking up for them” by pointing out that bicycles are increasing becoming some peoples’ preferred mode of transport, and to request that the Managers immediately confer with your Executive Committee about nominating a location on the Common Property where residents’ bicycles may be safely left and where they will not cause an obstruction to others. If you or your tenants know of such a location, then by all means suggest that in your letter.
You should meet with your tenants to provide them with a copy of that letter, and to make whatever short-term arrangements are necessary for them to safely store their bicycles off the Common Property pending a response from your Executive Committee. Could they perhaps manoeuvre their bicycles within the carspace allocated to your Unit albeit on a temporary basis and store them there?
We had a similar problem in our Plan a few years back, and the E/C did in fact advise our residents of a safe position under a carpark light on the Common property for the temporary “parking” of bicycles until the next AGM approved the purchase and permanent installation of a heavy-duty galvanised 10 bicycle rack at that same location. By the way, it’s been very well used ever since which all goes to show that strata residents will do the right thing if they have a choice and they know what it (the right thing) is!