Dumped furnture

Hi all,

RE: NSW based block of approx 100 units

I’m trying to get some bylaw changes and things organised at our next AGM. One of the items on the agenda is trying to stop people from “dumping” their old lounge, tv, tables, etc in the car park next to the lift. Currently, we are unable to track down the perpetrator, but in the next few weeks we will get two security cameras installed in the lifts (so we can see which floor the items came from) and also will have a security system that will track each key swipe in the lift (so we know which unit they came from). The idea is that we can use the security system, cameras, and perseverance to track down the person responsible.

From there, a friendly knock on the door or letter under the door requesting removal within 48 hours (and a notice on the goods as well). However, it’s not just a matter of disposing of the goods, the issue is paying for the goods to be disposed of. So we want to issue a NTC to both the resident and the owner that the items be removed, followed by a NCAT request to fine the resident and/or owner. I suspect in most cases, the furniture is dumped when the tenant is moving out, hence we won’t be able to chase the tenant down to charge them, especially if they have moved overseas.

So, first question, can we raise the NTC to both the owner and the resident?

Then, can we take them both to the NCAT for the same incident?

If NCAT fines them (from reading it looks like a maximum of $550) will the strata receive the $550, or does NCAT get it?

The aim is to try and get the $550 which would contribute to the cost of having the items removed. It recently cost us over $700 to have a few things removed (lounges and table plus some smaller items).

Note, the dumping is not an isolated incident, as soon as the area is cleared, it is a matter of days before things start to accumulate again. Up until recently, we moved the items outside the building, and got the council to remove them, but because this has happened so much, they are now refusing to do it any more.

From my reading here, and of the various strata laws/etc, it appears that we will need the following:

1) Include something similar to the new bylaw 9 Disposing rubbish and other material on common property

2) Pass a motion to permit the EC to issue NTC’s to anyone that dumps rubbish in future.

3) Myself (secretary) and another EC member would need to complete the NTC, and arrange for it to be posted/delivered as required.

4) Notice when something appears, review the security camera footage to identify the exact time, check security pass logs to identify the unit number, and then approach the perpetrator. Hopefully if we are quick enough, a polite chat will encourage the responsible behaviour (and a pointer in the right direction to someone that can assist).

5) Failing that, issue the NTC’s

6) Failing that, approach the NCAT for mediation, and then for an order or fine etc…

Any advise or suggestions would be greatly appreciated.