@Austman said:
@JimmyT said:
The owners corporation has the right to restrict who comes and goes on common property to people who are registered owners or tenants or their bona fide guests. Renting a car space to an outsider can be a serious breach of security and safety in a strata building since there is no recourse under law if that unregistered sub-tenant damages common property or behaves in breach of by-laws.In Victoria there is no automatic requirement to give an OC any tenant information. The OC need not even be informed if the property is tenanted at all.
Absolutely right. The law in NSW says you have to inform the OC who tenants are but that is pretty much ignored. If it wasn’t, we’d find it a lot easier to deal with overcrowding.
The OC can handle security as it sees fit but in doing that can it stop an owner or the owner’s tenant from accessing their lot? That lot might be just a car space.
The OC can’t stop an owner from accessing their lot but renting it to an outsider may be a very different kettle of fishy business. The very first of the model by-laws says this:
1.1 Health, safety and security of lot owners, occupiers of lots and others
A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier, or user of another lot.
An owners corp could add a “no outsiders” clause to that rule on the grounds that the safety and security of the building and its residents could be compromised by allowing access to parking to non-residents whose identities are unknown?
It would be hard to justify, however, of the parking are was open and easily accessible on foot, for instance.
That said, there is a clause in the Act that says OCs are allowed to created rules to manage common property and individual lots provided they don’t contravene other laws. That’s a lot of wriggle room right there.