A tenant holds loud parties outside council hours — as the OC manager only has a legal relationship with the lot owner, who gets the breach notice?

You are correct in your understanding that an OC Manager only has a legal relationship/responsibility to the lot owner/s. However, the OC Act permits the owners corporation to breach a tenant directly. This must be done correctly, in writing and using the approved form.

Section 152 of the Act states that:

A lot owner or an occupier of a lot or a manager may make a complaint to the owners corporation about an alleged breach by a lot owner or an occupier of a lot or a manager of an obligation imposed on that person by this Act, the regulations, or the rules of the owners corporation.

So, a prescribed breach notice provided and forwarded by the owners corporation can be addressed directly to the offending tenant bypassing the OC Manager. The OC must keep a record of the breach notice (and all other notices) issued.

When issuing a complaint form or breach notice, the below steps found under section 155 must also be followed.

• A notice must specify the alleged breach and require (in this case) the tenant to rectify the breach within 28 days.
• The owners corporation must also give the lot owner a copy of the breach notice. The notice informs the owner of their tenant’s behaviour but will also assist the owner and their rental property manager in promptly addressing the issue with the occupiers.

In summary, the OC can and should breach an occupier/tenant directly when OC rules or regulations are breached and must also inform the lot owner by issuing them a copy of the notice for their information and record keeping.

Please note that the information contained in this article is not legal advice and should not be relied upon as such. You should obtain legal advice or instructions before you take any action or otherwise rely upon the contents of this article.