Jimmy,
Some time ago you mentioned that an owner can be held liable for noise made by a legal occupant or tenant if they were aware that there were complaints being made to the SM.
I was looking at SSMA 1996 NSW s117
“
(1) An owner, mortgagee or covenant chargee in possession (whether in person or not), lessee or occupier of a lot must not:
(a) use or enjoy the lot, or permit the lot to be used or enjoyed, in such a manner or for such a purpose as to cause a nuisance or hazard to the occupier of any other lot (whether that person is an owner or not), or
(b) use or enjoy the common property in such a manner or for such a purpose as to interfere unreasonably with the use or enjoyment of the common property by the occupier of any other lot (whether that person is an owner or not) or by any other person entitled to the use and enjoyment of the common property, or
(c) use or enjoy the common property in such a manner or for such a purpose as to interfere unreasonably with the use or enjoyment of any other lot by the occupier of the lot (whether that person is an owner or not) or by any other person entitled to the use and enjoyment of the lot.
(2) This section does not operate to prevent the due exercise of rights conferred on a developer by the operation of:
(a) in the case of a freehold strata scheme, section 28L of the Strata
Schemes (Freehold Development) Act 1973, or
(b) in the case of a leasehold strata scheme, section 52 of the Strata
Schemes (Leasehold Development) Act 1986.
(3) In this section, lessee of a lot in a strata leasehold scheme means a sublessee of the lot.”
Bold and italics my emphasis
Could this be interpreted that the owner is bound by the activities of the legal occupier re: s117 and could be held liable for their behavior
Could the legal interpretation of nuisance be described as “a condition or use of a property that interferes with a neighbors ability to enjoy their property”
I welcome comments from our illustrious Scottish terrier and aquatic mammal (whale and scotlandx)