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Our townhouse complex is being painted for the next 6-8 weeks. All owners and 4 tenants received a notice indicating that the Visitor Car Park is to be left clear for the painters, their vehicles, etc, between 7 am – 4 pm. A tenant who has almost daily visitors by friends and relos, has ignored the direction. Apparently his Real Estate has not notified our Managing Agents that there is a tenant in the premises. Our Managing Agents said by law, he cannot issue notices for the tenant to the Real Estate, as they do not officially know there is a tenant. It is also useless to issue the notice to the owners as they were also parking offenders. How would we stand if the painters, whilst manoeuvring their long ladders and vehicles damage one of these visitors’ cars. He has already caused problems and is being backed up by a strata hater owner. It is not fair for 99% of owners/other tenants to comply and see just one disregarding a direction. Then we will have the others disregarding the direction and also using the carpark.
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Just park in the visitor carpark yourself and move when the painters arrive or let the painters park in the driveway/in front of the visitor spot if it isn’t too much hassle. Tell occupants there will be delays to access during this time.
No point getting into a un-winnable battle with a non-permanent tenant.
Louie said:
Apparently his Real Estate has not notified our Managing Agents that there is a tenant in the premises. Our Managing Agents said by law, he cannot issue notices for the tenant to the Real Estate, as they do not officially know there is a tenant.
Then your managing agent should issue the owner with a breach notice under Section 258 (below): Maximum fine $550. What are you paying them for if they can’t even do the basics?
258 Tenancy notice to be given to owners corporation of leases or subleases
(1) If a lot is leased, the lessor must give notice of the lease, in accordance with this
section, to the owners corporation not later than 14 days after the commencement of
the lease.
Maximum penalty: 5 penalty units.
(2) If a lot is subleased, the sub-lessor must give notice of the sublease, in accordance
with this section, to the owners corporation not later than 14 days after the
commencement of the sublease.
Maximum penalty: 5 penalty units.
(3) If a lease or sublease of a lot is assigned, the assignor must give notice of the
assignment, in accordance with this section, to the owners corporation not later than
14 days after the execution of the assignment.
Maximum penalty: 5 penalty units.
(4) The notice must be in writing and specify:
(a) the name of the tenant and an address for service of the tenant, and
(b) the date of commencement or assignment of the lease or sublease, as the case
requires, and
(c) the name of any agent acting for the owner in respect of the lease or sublease.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.
If the Contractor caused the damage, it would be claimed under his/her insurance rather than the Strata’s is my understanding unless they go bust or something and it would fall back to the Strata.
I agree that it would normally be the contractor’s insurance. A very good reason to make sure all contractors engaged by an OC have current insurance (and appropriate trade licenses etc).
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