#26086
Sir Humphrey
Strataguru

    However, if strata schemes enshrine council zoning restrictions in their by-laws (which is clearly not trying to supersede superior laws) then the strata committee can pursue miscreants themselves without waiting for the council to do something.

    Most by-laws/rule/articles of OC have a catch-all by-law which states something like the one our OC has: “A unit owner must not use the unit or the common property, or permit them to be used, to contravene a law in force in the ACT.”

    So, as Jimmy suggests, an OC can deal with someone via an infringement notice if they are causing the OC to be non-compliant with zoning regulations or whatever, even if the matter is not explicitly set out in its own by-law. 

    On the matter of allowing a friend or relative stay in your unit for a few days while you are away, if they are not paying they are not leasing the unit. If they are paying, I would guess its a bit of a grey zone if there is no lease agreement. On the other hand, who is to say they are not just helping out with the utility bills or groceries. Frankly, I would not worry if you really are just letting a visitor stay on a few days while you are away. If they really are genuine visitors and it is not a commercial arrangement, I don’t think the OC or EC would get far trying to stop you.