Re: How does an O/C deal with squatters when the Lot Owner won’t?

Thanks for the responses to date, and as an update….

Austman – We’ve convened an Executive Committee Meeting to resolve to issue a Notice to Comply, and whilst the Agenda is posted on the Notice Board, I’ll now also e-mail a copy to all Proprietors; thanks.

Andyj – On the basis of the Note to Part 4 which states “This Part contains provisions relating to the powers and duties of owners, mortgagees or covenant chargees in possession of lots, lessees, sublessees and occupiers of lots in strata schemes”, my interpretation was that Cl 117 could be only be applied to the “squatters”. As I can already use the Model By-Laws (as adopted) and two of our Special By-Laws to pursue them, and we’re doing that, I was looking for avenues to persuade our Proprietor / Landlord to terminate the Lease as our squatters aren’t fazed by matters legal, as evidenced by them to date ignoring Police directions.

Jimmy T – our window could indeed cause harm to these people, but strange as it may seem one of the main circuit-breakers located in the common meter room  tripped-out on Monday, and now there’s no lights in the squatters Unit.

So…now they’ve maliciously caused damage to the Common Property (insect screens and the intercom), so I’m using a Special By-Law (SBL) to invoice them for the Owners Corporation’s costs to make repairs, and as that SBL requires the Proprietor to make that payment if the occupants of her Unit do not (and they won’t), that should bring some financial pressure to bear.

I’ve also discussed the provisions of the NSW Inclosed lands Protection Act with the local Police, and they believe that they may be able to issue the “squatters” with an on-the-spot fine ($550) and require them to leave our “inclosed lands”, that is the Common Property. So there’s a glimmer of hope there provided the “squatters” are in residence, and they can be coaxed outside.

I’ll update progress if there’s any. 

(Struggs – I just saw your post when I posted mine, and you’re right – there is more to the story, but as there are young people involved I perhaps shouldn’t elaborate any further than I did in my first post. So far as I’m aware, the rent is being paid by the combined funds of the Tenant and his Son, compliments of CentreLink and a Community Association.)