supersleuth asked……
….are they (i.e. the table and bike) allowed to be there?
answer: NO, as this breaches model by-laws 3 & 9 that state “an owner or occupier of a lot must not obstruct lawful use of common property by any person” (3) and “an owner or occupier of a lot must not deposit or throw on the common property any rubbish, dirt, dust or other material likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using the common property” (9).
….secondly can they be removed?
answer: NO, not until the owner of the items is given the opportunity to do so.
….is it within his (i.e. a strata manager’s) jurisdiction to being ask the question?
answer: OF COURSE, but it sounds like the nominated liaison for the executive committee (possibly the secretary) has instructed the strata manager in the manner that you’ve described; that is to raise the matter at the next AGM
….does whoever put them there need some kind of approval?
answer: YES, and whilst the resident concerned could apply to the owners corporation for consent, would it wish to grant that for a purpose that amounts to this resident’s cost-free use of the common property? NO!
My suggestion is that rather than waiting for the matter to be raised at the AGM, possibly in an informal way, that as the meeting is to be convened shortly you write the following note / motion and send it to the Secretary of your executive committee with a copy to the strata manager:
“I have made the strata manager aware of materials comprising a bike and a table that has been deposited in the foyer to the stairwell I believe by the resident of unit * in contravention of by-laws. I am of the opinion that the depositing of these and similar items will proliferate if action is not taken by the owners corporation to enforce its by-laws, so I submit the following motion for inclusion on the agenda for the general meeting:
THAT the owner of the material placed on the common property at (describe the location), and which at the time of writing comprises a bike and a table causing nuisance and potentially a hazard to occupants, be required by the owners corporation to remove those materials from the common property, and in default that the executive committee or the strata manager if so delegated issues the resident concerned with a Notice (to comply with by-laws 3 & 9) under the provisions of Sect 45 of the NSW Strata Schemes Management Act (1996) and that if necessary that compliance be enforced as prescribed in that Act.“
It sounds like your strata manager isn’t expecting a big roll-up to the general meeting and/or that those who do will follow his lead by perhaps doing nothing about the problem, so between now and the date of the meeting you may wish to approach like-minded owners to support your motion, either at the meeting or by giving you their proxy to vote on their behalf.