@gtyk said:
The strata has no power to fine him. So there is no impetus to stop for him …
I’ve told the strata that they have an occupational health and safety obligation to me, but they keep on saying there is nothing they can do.
This is not an OHS issue – it’s about residents not causing a nuisance to other residents and the Owners Corp has a duty of care to step in if need be.
Have a look at Whale’s answer No2 above. Now tell your EC that you plan to take them to NCAT if they won’t do anything, maybe that will convince them.
If you have a “no nuisance” clause in your scheme’s by-laws, your EC should be issuing a Notice To Comply.
Assuming there isn’t any such by-law, they should be pursuing orders at NCAT under section 117 of the strata Act (below).
It says residents may not “use or enjoy” their lot or common property “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).”
You can read all about the process for getting NCAT orders HERE (scroll down to the NCAT Orders section). And, as I said, the process for compelling the owners corp to pursue this in Whale’s answer above.
117 Owners, occupiers and other persons not to create nuisance
(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.