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I have a problem with the occupants of a permanently rented Unit in our Plan.
The background is that the Unit has been rented to a person for the last six (6) years, and even though he’s the only Lessee shown on the Rental Agreement (now continuing) the person’s Son and his two (2) children have also been permanent residents of the Unit for at least 5½ years.
Over the years, there have been a few disturbances always involving the Son and his estranged partner who visits the children infrequently, but these have generally resolved after approaches to the Lessee by another member of the Executive Committee (E/C) and me, so whilst the Owners Corporation (O/C) has issued its normal Breach of By-Laws Advice there’s never been any need to follow that up with a Notice to Comply.
In early December 2012 the two (2) children were removed by Authorities, whereupon the Lessee also left and has not returned as of this day.
So the Unit has since been occupied by the Son, who I assume doesn’t have a key to it or to the security entry as he enters via a rear window (ground floor) with the aid of a step ladder.
The Son is regularly visited by female guests, and once he’s in the Unit he can admit them using the security intercom. These visits are very noisy and fuelled by alcohol and marijuana, and disputes invariably result which spill-out onto the Common Property from where any inquisitive residents have been loudly abused.
Other residents are now complaining to me and more recently to the Police who have attended on a few occasions this month, with no long-lasting impacts on the behaviour of the Son and his regular (but different) guests whose disputes continue on an increasingly regular basis.
On behalf of the O/C, I e-mailed the Owner / Landlord of the Unit in mid December to advise her of the fact that her tenant’s Son was in occupancy, that as he was entering the Unit via the window I assumed he may have been there illegally (squatting?), that on the basis of past experience the E/C was expecting problems, and to suggest that she contact her Property Manager to arrange an inspection.
The Owner / Landlord replied to the O/C’s e-mail, and advised that there was only ever one person on the Lease, and that she was unaware of any of the other three (3) occupants; that was it, no response to the other issues raised or to the suggestion made!
Over the past five (5) weeks I’m aware of seven (7) violent incidents and several visits by the Police (in response to complaints by our residents), and so again on behalf of the O/C I’ve e-mailed the Owner / Landlord on three (3) occasions to make her aware of what’s going on, to make her aware of the fact that she’s as responsible as the occupant/s of her Unit for Breaches of our Plan’s By-Laws, and to ask her to liaise with her Property Manager to get these occupant/s out of her Unit and off our Strata Plan; apart from read-receipts no responses at all have been received!
So here’s my problem…..
The Rental Agency (a large Franchise) whose Property Manager looks after the Unit has in the past taken the approach that as it has no business relationship with the O/C’s of Plans where it manages Units, it deals only with its Clients (Owner/Landlords) concerning Strata issues. That’s why I’ve been e-mailing the Owner / Landlord, who for reasons known only to herself is quite prepared to ignore the O/C’s e-mails and to let the current occupant/s remain.
There’s little point in my opinion for the E/C to meet and resolve to issue a Notice to Comply, not only because this occupant and his guest/s won’t comply, but moreso because the O/C will just finish-up in Strata Mediation (again), when it’s very likely this occupant won’t attend, and where the O/C may then get the appropriate Orders if the “chocolate wheel” stops at that number, but which based on the occupant’s past attitude to Police directions will almost certainly be ignored.
An O/C is not a “person” who can make an Application (for eviction) in the Tenancy Division of the CTTT, and neither the Owner / Landlord nor her Rental Agency is going to head down that path.
All advice about how the O/C can resolve this will be greatly appreciated.
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