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We are one of 4 strata units and have Owners Corporation rule that each occupant put their bins away. New tenants just moved in and they are refusing to do so and leaving them out on display for everyone. Left note which they ignored, then spoke to them and they were very rude and intimidating. How can we enforce this requirement that the other 3 comply with?
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Report the matter to your local council.
For instance, Sydney City Council has a page just for this purpose
https://online.cityofsydney.nsw.gov.au/ReportIssue/BinLeftOut
Many councils have similar online forms. It seems to me that you’re best armed to complain after the
bins have been left outside in excess of the period council allows.
I am unsure what fine Sydney CC imposes but Brisbane City Council does issue fines for bins not
moved inside within a prescribed time.
Is this “rule” a By-law, or just an arrangement between the owners?
I have no direct knowledge of councils’ policies. You could call them and ask.
That said, if I am not mistaken, councils have the power to fine he who leaves his bin outside for an unreasonable period, but does not have to fine if it does not want to.
The fine would make the relevant home owner r- not the strata – responsible. Usually bins are marked so the council knows who is responsible and can fine the person directly. If the OC is fined, say the bin is not clearly identified, then all you need is to prove (eg photo) whose bin it is for the OC to pass the bill to that certain homeowner. If you’re really fed up with the situation, pass the photo to the council explaining whose bin it is. That way, in case the OC is initially fined, in the future the person responsible for leaving bins outside will be fined directly.
Or pass a by-law and enforce with notices to comply and fines.
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.
Or go an even simpler route.
Refer it to the property manager/owner and tell them that the tenants in Unit X aren’t bringing their bins in on time and that any fines will be the responsibility of the owner not the OC.
- This reply was modified 1 year, 9 months ago by .
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