#12351
Jimmy-T
Keymaster

    Irena said:

    There is a new tenant in our building that insists on storing her 2 bikes in the walkway to our building ( common property) …


    This posting is going to be the basis of one of my columns this coming weekend but the gist of my response WAS that you need to introduce a by-law that imposes an 'admin fee' for anyone who breaches the by-laws and has a Notice To Comply sent to them (with provisions for that admin fee not being levied if it turns out thery weren't in breach). 

    I have since been told that this may not be strictly legal. What you need is a by-law that says anything that obstructs common property may be removed for fire safety reasons.  Then you have another by-law that says there is an admin fee that may be charged for the return of these obstructions from storage. Either way, you need a strata lawyer to draw this up.

    People who've been told they were in breach and continue to misbehave will soon stop if there is an instant 'fine' – although you must never call it a fine.  Those excellent people at the Owners Corporation network (ocn.org.au will probably have a draft by-law you can use).

     

    Also this tenant will almost certainly be in breach of her tenancy agreement so you can write to the landlords and tell them to either move her out or straighten her up.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.