› Flat Chat Strata Forum › By-laws and outlaws › Ganging up on noisy neighbours › Current Page
Guys,
Nobody is saying an OC can’t use the same remedy for By-Law breaches against tenants as against owners, namely a Notice to Comply and/or application to the CTTT.
Nobody is denying that s44 of the Act applies equally to owners and tenants.
I pointed this situation out more than a week ago in the “Parking in a resident parking space” topic.
In fact, I pointed it out more than a year ago in the GAP survey for the Strata Review. Not that that got into the government’s proposals.
But you’re both missing two points:
1) Tenants don’t usually read the s44 of the Act, so are unaware of their obligation.
2) If the standard lease were modified to include a By-Law compliance clause (as in QLD), then the OC would have an extra avenue to ensure compliance – a By-Law breach would be a Breach of Lease, which could (eventually) lead to eviction.
KP, if my memory serves me correctly, in NSW a purchaser of a strata title property does not sign a legal document promising to comply with the By-Laws.
So, no threat of eviction for owners, ever.
That may explain why leases don’t have the compliance clause.
Can’t put more conditions on tenants than on owners, can we?