• Creator
    Topic
  • #10318
    Boronia
    Flatchatter

      Our NSW block of 21 has a number of residents who own bicycles. Over a period of time, they have taken to “parking” their bikes in common property areas – the foyer, on stairwell landings, etc rather than taking them into their units or car spaces.

      The OC chairman has taken offence at this and recently circulated notices in the OC name that he will start confiscating these bikes if the owners do not desist.

      Reading through our model based By-laws, I can find nothing that prevents residents from doing this. They are not vehicles (sect 2), not rubbish (sect 9) and not causing obstruction (sect 3).

      Does the OC have any legal grounds for imposing sanctions against the owners, let alone actually “stealing” them.

    Viewing 5 replies - 1 through 5 (of 5 total)
    • Author
      Replies
    • #24480
      excathedra
      Flatchatter

        My Australian Concise Oxford Dictionary defines a vehicle as “any conveyance for people, goods, etc., esp. on land.”  A bicycle would thus appear to be included in the provisions of By-law 2.  I accept that properly maintained and regularly used bicycles are not rubbish for the purposes of By-law 9, although this does cover “other material” as well.  However, Boronia’s landings must be extraordinarily spacious if a parked bicycle does not cause any obstruction.  Even slight obstruction would be totally unacceptable if the landings are part of an emergency exit route.

        I agree arbitrary confiscation, especially if the owners are known, is not acceptable, but there do appear to be means for removal of abandoned goods after a suitable interval.

        #24490
        Sir Humphrey
        Strataguru

          It sounds like the property could do with some dedicated bike storage as a community facility available for use by any resident. How about working out where that might be installed without obstructing other uses of common property?

          #24495
          Jimmy-T
          Keymaster

            @excathedra said:
            I agree arbitrary confiscation, especially if the owners are known, is not acceptable, but there do appear to be means for removal of abandoned goods after a suitable interval.

            Does anybody actually read my column?  I guess not – so here’s another link to it.  It covers the confiscation and distribution of bikes to charities.

            But for those of you who don’t need to know all that, unlike the Residential Tenancies Act, the current strata laws don’t have a provision for abandoned goods but the new laws will – or at least there will be provisions for regulations covering this (see below).

            It’s hard to see that they will stray far from the tenancies regulations which allow landlords to give fair warning that they are going to dispose of abandoned goods, sell the goods once the deadline is up and then give the tenant the proceeds, minus the cost of the sales, if they turn up later.  For that reason, many landlords and owners corps give the bikes to charity because it is less complicated and …. well … it’s just a good thing to do.

            But first you need to have a bike audit and to do that … Look, just read the column.  You know you want to. 

            125 Disposal of abandoned goods on common property

            The regulations may make provision for or with respect to the following matters: (a) conferring power on an owners corporation to store or dispose of, or authorise the disposal of, goods left on common property, (b) notices to owners and other persons as to disposal or proposed disposal of goods by an owners corporation, (c) the passing of title to any goods on disposal by an owners corporation, (d) the payment of the proceeds of disposal of goods by an owners corporation, (e) conferring jurisdiction on the Tribunal to make directions and orders relating to the disposal of goods, including orders for the payment of compensation and as to the payment of the costs of disposing of goods.  

            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.
            #24496
            Boronia
            Flatchatter
            Chat-starter

              The bikes do seem to be used, so they could not be considered “abandoned”.

              Using the “vehicle” logic above, forceful removal would be the equivalent of towing away a car parked on common property. I don’t believe an OC can do this just on a member’s whim.

              I do not own any of the bikes, I am just concerned with the procedures being implemented. I would imagine that a “notice to comply” should be issued, but it is not known who actually owns the bikes; would lack of response to the notice be sufficient to assume abandonment?

              #24497
              Jimmy-T
              Keymaster

                Again, I refer to my column from a couple of weeks ago that explains the principle of the bike audit.

                Find out who owns which bike by telling all residents that if bikes aren’t tagged with the name and flat number of their owners, within say two weeks,  they will be considered abandoned and given to charity.

                As there are no provisions for the disposal of abandoned goods under strata law, this is totally illegal but absolutely sensible.

                Better that than angry cyclists calling the cops because they thought they could leave their bikes anywhere but it turned out they couldn’t.

                I also refer to Peter C’s post (No. 3) about creating a bike store somewhere.

                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.
              Viewing 5 replies - 1 through 5 (of 5 total)
              • You must be logged in to reply to this topic.