NSW Lot Owners are wondering what approvals and ByLaws are needed for apartment storage.
Jump directly to the QUESTION you are after:
- QUESTION: Despite our by-laws stating items are not to be stored in car spaces, this still occurs. Audits have pointed out the risks but our Body Corporate takes no action. As the matter is known, is our insurance in jeopardy?
- QUESTION: Our strata is demanding that we don’t store anything other than a car in our car spot. Is this legal? If the boxes are neat and tidy, why can’t we store them in our parking lot?
- QUESTION: Can you hang your bicycle from the ceiling of the balcony in a strata apartment? We have nowhere else to store the bike.
- QUESTION: Does a resident’s right to peace and quiet in a lot (as stipulated in a bylaw) mean that people using a carpark area right outside a lot must keep their noise to a reasonable level?
- QUESTION: A Lot Owner uses their garage for storage and parks their car on the street. The garage is below my apartment and they are constantly removing items and opening and closing the door. Is this nuisance?
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Question: Despite our by-laws stating items are not to be stored in car spaces, this still occurs. Audits have pointed out the risks but our Body Corporate takes no action. As the matter is known, is our insurance in jeopardy?
Our by laws are a case in point when it comes to storage in car spaces – it’s not allowed. That has not stopped the practice and the Body Corporate will take no action to enforce the by law, despite both a fire risk audit and a safety audit pointing out the dangers associated with the stored items.
I don’t particularly want to be the spoil sport by making waves about this as lack of storage space is a problem but I imagine our insurance would be in jeopardy if a claim arose related to this matter when the risk has been identified and the Body Corporate did nothing.
Answer: Depending on the insurance policy the action of storing items on body corporate property will generally not jeopardise insurance.
Storage of items in a car space is not a specific exclusion in strata policies although I am aware of one policy on the market that requires the body corporate to use best endeavours to follow by-laws.
Depending on the insurance policy the action of storing items on body corporate property will generally not jeopardise insurance.
Depending on how far you want to take the issue there are processes in place for resolving disputes for example in NSW you can apply to NCAT if all attempts to resolve the dispute do not bring a resolution.
Tyrone Shandiman
Strata Insurance Solutions
T: 07 3899 5129
E: [email protected]
This information is of a general nature only and neither represents nor is intended to be personal advice on any particular matter. Shandit Pty Ltd T/as Strata Insurance Solutions strongly suggests that no person should act specifically on the basis of the information in this document, but should obtain appropriate professional advice based on their own personal circumstances and the specific coverage afforded under their policy wording. Shandit Pty Ltd T/As Strata Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisernet Australia AFSL No 240549, ABN 15 003 886 687.
This post appears in Strata News #411.
Question: Our strata is demanding that we don’t store anything other than a car in our car spot. Is this legal? If the boxes are neat and tidy, why can’t we store them in our parking lot?
Answer: Your scheme may have the standard by-law 17, or have a specific by-law for prohibition of storage of items in the garage which typically states “only a motor or other vehicle” may be stored in the garage of the lot.
Your scheme may have the standard by-law 17.
17 Appearance of lot
- The owner or occupier of a lot must not, without the written consent of the owners corporation, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.
- This by-law does not apply to the hanging of any washing, towel, bedding, clothing or other article as referred to in by-law 10.
Note: This by-law was previously by-law 29 in Schedule 1 to the Strata Schemes (Freehold Development) Act 1973 and by-law 30 in Schedule 3 to the Strata Schemes (Leasehold Development) Act 1986 .
Or you may possibly have a specific by-law for prohibition of storage of items in the garage which typically states “only a motor or other vehicle” may be stored in the garage of the lot. These by-laws are quite common and legal, according to industry practice. In the absences of a by-law, the DA will typically set out the approved use of a car space and it is generally to park (store) a car not general storage items, including boxes.
Leanne Habib
Premium Strata
P: 02 9281 6440
E: [email protected].
This post appears in Strata News #358.
Question: Can you hang your bicycle from the ceiling of the balcony in a strata apartment? We have nowhere else to store the bike.
Answer: You should check your by-laws in case there is a “storage” or “balcony” by-law which might prohibit such storage.
Further, the bicycle may breach the standard by-law that an owner or occupier must not, without the written consent of the owners corporation, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building. Arguably, the bicycle would not be in keeping with the appearance of the building.
You should also check your by-laws in case there is a “storage” or “balcony” by-law which might prohibit such storage.
Leanne Habib
Premium Strata
P: 02 9281 6440
E: [email protected].
This post appears in Strata News #358.
Question: Does a resident’s right to peace and quiet in a lot (as stipulated in a bylaw) mean that people using a carpark area right outside a lot must keep their noise to a reasonable level?
Does a resident’s right to peace and quiet in a lot (as stipulated in a bylaw) mean that people using a carpark area right outside a lot must keep their noise to a reasonable level?
In this instance the exclusive use of the carpark is governed by a bylaw that says “The car space shall not be used except for the purpose of parking a motor vehicle, motorcycle or trailer, in any case, the property of the resident of the proprietor’s lot”.
Instead, delivery trucks, tradie trucks, and anybody who has ‘permission’ from the owner of the carpark comes and goes all day, making slamming doors and reverse beeping. I would have thought the bylaw limited the use of the carpark to the resident’s car only.
Our Strata Manager and committee refuse to help.
Answer: In our view, noise must be kept to a reasonable level.
The standard noise by-law covers this, so yes, in our view they must keep their noise within reasonable levels:
6 NOISE
An owner or occupier of a lot, or any invitee of an owner or occupier of a lot, must not create any noise on a lot or the common property likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property.
The fact that your particular by-law states “the property of the resident” suggests that the car space may only be used for storage of the vehicle/property of the resident’s lot, so, provided that these truck are delivering the resident’s property, they might be in compliance with the by-law on that front but in breach of the standard by-law for the excessive noise being caused. The noise may also constitute a “nuisance” under the strata legislation.
Leanne Habib
Premium Strata
P: 02 9281 6440
E: [email protected].
This post appears in Strata News #297.
Question: A Lot Owner uses their garage for storage and parks their car on the street. The garage is below my apartment and they are constantly removing items and opening and closing the door. Is this nuisance?
The issue I have with this is that their garage is directly below my apartment. And the Lot Owner in question seems to have a habit of consistently (every day) opening and closing their garage door at all hours. This is now becoming rather annoying and a nuisance when I’m trying to sleep. I would have thought that this may be a breach of the Owners Corporation By-Laws concerning ‘noise’.
Moreover, according to the definition of a ‘garage’ as supplied by the many dictionaries that are available online, the consensus is that a garage is defined as:
- A building for housing a motor vehicle or vehicles;
- A shelter or repair shop for automotive vehicles;
- A garage is a building in which you keep a car.
None of the dictionaries mentions that a garage is a storage facility for any other items other than a car.
I would like guidance on what can be done and if they are breaching any law/s.
Answer: Check your by-laws to determine if you have a “Storage” By-law which basically states that only motor or other vehicles may be stored in a garage.
Check your by-laws to determine if you have a “Storage” By-law which basically states that only motor or other vehicles may be stored in a garage and that other household or other items may not. If the items are visible from outside the garage, they may be in breach of the In-Keeping with the appearance of the building by-law. It may be that the actions of the garage owner constitute “nuisance” under Section 153 of the Schemes Management Act, 2015 (NSW).
You should also check your strata plan and the common property certificate of title because garages are considered “utility lots” under the legislation. From that definition, the garage owner may not be in breach:
- “utility lot” means a lot designed to be used primarily for storage or accommodation of boats, motor vehicles or goods and not for human occupation as a residence, office, shop or the like.
Leanne Habib
Premium Strata
P: 02 9281 6440
E: [email protected].
This post appears in Strata News #248.
Have a question about noise from a garage area, storage or something to add to the article? Leave a comment below.
These articles are not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
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Hi, can i build a colorbond fence on my storage land to keep it private and more securities on basement apartment? Thank you
Our by laws are a case in point when it comes to storage in car spaces – it’s not allowed. That has not stopped the practice and the B.C. will take no action to enforce the by law, despite both a fire risk audit and a safety audit pointing out the dangers associated with the stored items.
I don’t particularly want t be the spoil sort by making waves about this (lack of storage space is a problem) but I imagine our insurance would be in jeopardy if a claim arose related to this matter when the risk has been identified and the B.C. did nothing.
What should I do?
We have replied to this question in the article above.
Thanks Tyrone. I must admit I’m still puzzled. I have been under the impression that there is a general principle that a policy holder must take reasonable steps to ameliorate risk where a risk is identified. In the case of my initial enquiry regarding stored items in car spaces, a fire risk has been identified in the course of a periodic inspection by a fire authority and the risk report to the B.C. If a fire was to occur in the stored items and the damage resulted in a claim on the BC fire insurance policy wouldn’t the insurance company want to know why no action was taken by the BC to respond to the fire inspector’s report? Would not they be entitled to argue that in ignoring the report the BC was in effect accepting the risk and therefore accepting responsibility for the consequences of that risk?
Hi Tony
Policies have requirements such as taking reasonable reasonable care for the safety of Your Property Insured, to prevent loss of or damage to Property and to comply with any law, safety requirement, Australian Standard or regulation of any Government
or Local Government body.
How far the insurer can go in applying these conditions at the time of a claim is dependent on a case by case basis.
Tyrone Shandiman
Strata Insurance Solutions
T: 07 3899 5129
E: [email protected]
This information is of a general nature only and neither represents nor is intended to be personal advice on any particular matter. Shandit Pty Ltd T/as Strata Insurance Solutions strongly suggests that no person should act specifically on the basis of the information in this document, but should obtain appropriate professional advice based on their own personal circumstances and the specific coverage afforded under their policy wording. Shandit Pty Ltd T/As Strata Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisernet Australia AFSL No 240549, ABN 15 003 886 687.
“[…] I rang the police but they said they could not do anything. […]”
Hi Helen.
This is but another of the myriad cop-outs served upon the public time and again by our police. If possible, always, but always, get the name and regimental rank of any police officer that you have dealings with so that in the event you are dissatisfied in any way you can then report this police officer’s name and regimental rank in a complaint to your local member of parliament AND minister for police.
In your asking for the police officer’s name and regimental rank, the penny might drop in this police officer’s mind that their name and regimental rank, and that too of their superior officer’s (if you not only ask how to spell this police officer’s name, but also the spelling name of his/her superior officer’s name!) will very likely be mentioned in dire dispatches if it later transpires that s/he should have done something regarding your complaint, but decidely didn’t, and things then go pear-shaped. Don’t be so-easily fobbed-off by police officers all-too-often using what they like to have termed as being ‘standard police procedure’ when they attempt to dupe the public into believing whatever nonsense they sprout as being gospel when they (the police) say “they can’t do anything”, because it’s all-too-often just “police piffle”.
I live next door in a house to a block of 6 strata units.
One of the owners has a son who visits and stays with his parents. He recently harassed and displayed threatening behaviour towards me when I watered the nature strip and it’s trees whilst his car was parked next to the nature strip, stating that it threw dirt onto the lower part of his car door.
I was screamed at by both he and his wife in unison whilst he displayed threatening behaviour towards me. I was unable to see any likelihood of dirt on the door at all.. His father and other members of the family watched this attack from the footpath outside the unit complex and said nothing.
As they are preventing my peaceful enjoyment of my lot, is there some recourse I can take through Strata Law and his father’s Lot number to prevent this happening again? My family bought this house in 1966 and have never experienced this before. I rang the police but they said they could not do anything.
I am an elderly lady with mobility and medical issues and no one to advocate for me.
Kind regards
Hi Helen
We have received the following response from Leanne Habib, Premium Strata:
You should explain your situation to your strata manager (if you have one).
The “screamers” may be in breach of the by-laws applicable to your scheme, so you should review them. Strata buildings commonly have the following by-laws:
Behaviour of owners and occupiers
An owner or occupier of a lot when on common property must be adequately clothed and must not use language or behave in a manner likely to cause offence or embarrassment to the owner or occupier of another lot or to any person lawfully using common property.
…
Behaviour of invitees
An owner or occupier of a lot must take all reasonable steps to ensure that invitees of the owner or occupier do not behave in a manner likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or any person lawfully using common property.
Depending on the extent of your fear or harassment, and provided you have adequate evidence, you may be able to apply for a personal violence order against the offenders through the police or your own independent lawyer.
I don’t feel that M/s Habib has related in her answer correctly . Helen is in her house so I cannot understand the advice that Helen should be in contact with her Strata Manger if she has one .
I think half the problem is, modern day units simply don’t have enough storage for just normal stuff, and consequently Owners/ Renters, are forced to use whatever space they can in the garage, squeezing it in beside the car, or leaving the car outside completely. If purchasing in a new block, check the storage, if it is not enough for you, it’s not enough for most, and the problem will never go away.
Most strata by-laws also have a noise nuisance provision. This should prohibit any noise that unreasonably interferes with your use and enjoyment of your lot. That may be a more effective way to approach the issue.
I am an owner occupier/occupier in a small block of 8. The garage for the unit above me is directly under my unit. The garage door is motorised & takes forever to go up/down & the noise vibrating through my floor becomes inbearable. The tenant of this unit can some days go in/out 5 times a day & sometimes within. 30 minute intervals. I have contacted the owner regarding maintaining the motor & his reply was to ‘deal with it’ & to contact the real estate handling his unit because that is what he pays them for! I have done this, but, nothing.
Please i need some help.
Thanks
the odds of there being a by law as discussed in the answer here are pretty low.
the best approach is to ignore that and attack this issue from the standpoint of it being a breach of the noise by law as noise is a pretty standard by law and im sure your building will have a by law for that.
Hi Steve
Thanks for your comment. We have received the following response from Leanne Habib, Premium Strata:
Many schemes have “storage” by-laws which regulate whether or not items may be stored in a garage. Similarly, many residential leases restrict garage use to that for a motor vehicle only.
If the stored items are visible from outside the lot this might constitute a breach of the “Appearance of the Lot” by-law where you must not keep anything in the lot which is visible from outside the lot is not in keeping with the rest of the building.
Depending on the nature of the items stored, their storage may contravene the “Storage of inflammable liquids and materials” by-law ie an owner or occupier must not keep such items without the prior written approval of the owners corporation.