@Susanp said:
Hi I would appreciate some opinions regarding how to handle a police drug raid that was carried out in around one of our strata villas.They have not been to court yet nor have they been convicted.
At this point in time, can we as the owners corporation tell them to leave based on this event alone?
No. There is still a presumption of innocence in Australian law. They haven’t been convicted or pleaded guilty to anything yet.
Does this illegal act fall outside strata legislation and by-laws rules and regulations ?
Pretty much – unless they were creating a nuisance or danger to other owners.
Apart from the obvious stress and great anxiety it has caused, we are also concerned about the reputation and good name of our strata block.
The significant legal position comes under the Residential Tenancies agreement specifically clause 15.1:
15.1 The tenant agrees … not to use the residential premises, or cause or permit the premises to be used, for any illegal purpose …
If they were selling drugs from the unit they would be in breach of their rental agreement. This would allow you to put pressure on the owner to evict them (under their obligation to moderate the behaviour of the occupants of their lot) or at least not renew their lease.
But while you are waiting for the trial, you might want to install some security cameras pointed at their front door which might persuade them that moving was a good idea