Question: Can a resident use the fire hose to clean his car on common property.
Answer: Draft a by-law to prevent unauthorised use (tampering, interfering, removal) of all fire safety equipment installed at the scheme.
Rob Broadhead, 2020 Fire Protection:
If the hose reel water supply is fed from the fire hydrant system, using the fire hose to wash a car will contravene the water supply regs because hydrant water is un-metered. This can result in large fines (circa $10,000) from Sydney Water.
If the hose reel water supply is fed from domestic/ drinking water, there is no legal reason it can’t be used.
Regardless, hose reels are not manufactured for regular use. The owners corporation should create a by-law preventing its use so the fire hose does not wear out.
A practical solution may be to install a lockable cabinet for the whole hose reel openable with a break glass &/or key.
Leanne Habib, Premium Strata:
Yes, a by-law could be drafted to prevent unauthorised use (tampering, interfering, removal) of not only the fire reel, but any other fire safety equipment installed at the scheme.
If the hose is simply a common property hose, individual owners should not be using that supply for their private purposes. It is common for strata schemes to install a lock on common property taps (excluding fire hose reels) to ensure only the authorised agents/contractors of the owners corporation use their water supply.
This post appears in the August 2024 edition of The NSW Strata Magazine.
Rob Broadhead
2020 Fire Protection
E: rob.broadhead@2020fire.com.au
P: 1300 340 210
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
Hello. NSW – I have a question regarding the ‘furnishing’ of a landing to a stairwell, outside a Unit, when the single stairwell also serves as the only fire escape from the property.
The block is a 3 unit self managed strata, and the only fire access to each unit is via either one, or three flights of stairs in a central stairwell. (The lower unit can be reached by a separate side door to the outside, but this door is not a fire door, only the main entrance door is). There is no lift.
The original block dates back to @1960’s and the tiled stairwell and landings are more generously sized than modern builds.
Without seeking a special by law for common property rights, one unit has furnished the landing outside their unit as a ‘welcoming’ foyer to their home, with a large (180x100cm) mirror attached to the wall, a long consul table and an oversized coir / jute door mat, which covers the entire landing, but is not affixed to the floor or wall.
As the owner occupier of the upper unit, I need to access 3 flights, pass the furniture, and walk over the mat. I have lodged formal objection to obstruction under our 1996 model by laws, put the Strata Committee on notice of the trip hazard created by the mat, and requested that the committee recognise that as the only fire escape, no part of the stairwell should be used to store furniture or anything else.
However, the owner of the furnishings ( our treasurer) is seeking to rely on the Building Code of Australia 1m rule; their position is that because we have more than a 1m space, they should be able to furnish the remainder.
My research does not support this position, and the 1m rule appears to be a minimum, however I cannot find precise legislation which states unequivocally that furniture should not be placed in a fire escape, regardless of its width, albeit this seems to be common sense!
Could someone please point me to the necessary legislation so that I can put this before the strata committee and the full OC, or alternatively advise me if I am incorrect. Thank you
Thanks for your question. I have provided a comment here: NSW: Can owners place furniture on common property fire escape routes?
The developers of our strata apartment’s created a bylaw giving exclusive use of part of the roof to the owner of a single lot. At the time this was one of the developers but the lot is now owned by an elderly woman. The roof area in question is deemed unusable for safety reasons. What possible reason did the developers have for doing this rather than simply leaving it as common property under strata committee control?
Hi Michael
The information in this article may assist:
NSW: When is an Owners Corporation not Required to Repair and Maintain Common Property?
Is it okay for a resident to set up a tent on a common property?
Can someone park their motorbike in front of their own garage door? So it sits outside the garage door in the common area.
Hi Kristen
This NSW Q&A should assist: Question: Years ago our OC verbally agreed to residents parking on common property in front of their garages. Recently, they’ve issued a notice stating residents must not park on common property in visitor parking and the turning bay. Can the OC create different rules for different areas of common property?
HI THERE WE LEAVING STRATA UNIT AS A TENANT ALMOST ONE YEARS AND WE HAVENT SEE SOMEONE CLEANING OF THE COMMON AREAS HALWAY ETC ALSO WHOLE AREAS IS EXTEREMLY DIRTY HEAPS OF DIRTS DUSTS RUBBISHES ETC.
WE CALLED AGENT TO COMPLANING ABOUT THAT SHE SAID THERES NO STRATA MANAGER APPOINTED HOWEVER AS HEALTH ENVIROEMENMT WE CAN DO ABOUT THIS SORRY CANT DISCRUB HOW DIRTY IS BUILDING SHOULD BE ANYTHING CAN WE COMPLAINING.
Hi ROSE
Tha following response has been provided by Leanne habib, Premium Strata:
Even if there is no strata manager, the Owners Corporation has a strict duty to clean, repair and maintain the common property.
As a tenant, you are also an interested person and you have rights to enforce the Owners Corporation’s duty through NCAT but you would have to arrange for mediation first.
Please click on the link below for further information:
https://www.fairtrading.nsw.gov.au/housing-and-property/strata-and-community-living/resolving-disputes-and-mediation
We are living in unit in Lane Cove West 2066 , for more than 2 years, and we have had the same storage cage since the time we moved in.
Many of the storage in this complex do not have numbers and also most of the people use the storage with a different number. When we moved in, the manager at the time told us to find empty storage and lock it and as per instructed, we took storage A which was empty, and lock it up. Since that time we put different stuff including wooden luxury products imported from overseas to start the business, camping stuff, Tools, a bike, etc with an overall estimated value of more than $10,000.
Yesterday (Sunday 20/11/2022) we found that the lock on the storage was cut off by someone (Please see the broken lock attached) and another lock was placed. We could have seen some of our belonging still in storage. The building manager and security were contacted but no response was given.
We talked to neighbor unit A and found out the current Building Manager ordered to cut off our lock and clear all our belongings. Also, the building manager gave permission to the neighbour to take any of our belongings they want except the bike.
What is the law in NSW about this situation?
Hi Sanaz
This article should help:
NSW: Disposing of Goods Abandoned on Common Property – New Laws
Hi,
We do have issues with our common property. 10 units building. Owners of 2units are constantly putting blanket outside on common property and dining/drinking. Is this OK with by law. Rest of the building is bit sick of it, to constantly listen same residents. What resident can and can not do on Common property. By law is only about Noise, but what about dining and drinking.
Thanks
Kind Regards
Hi Suzie
The following response has been provided by Leanne Habib, Premium Strata:
There are other model by-laws other than noise which may be being infringed by the dining/drinking owners eg
– by-law 4 Damage to lawns and plants on common property ie the owners cannot use for their own purposes any part of the common property as “a garden”;
– by-law 6 Behaviour of owners and occupiers ie owners and occupiers on common property must not cause offence or embarrassment to other owners or occupiers (if this is the case)
Further, by-laws strictly prohibiting dining/drinking on the common property could be passed by the Owners Corporation.
Alternatively, if the dining/drinking owners are causing “nuisance” eg enjoying the common property in a manner that unreasonably interferes with your use or enjoyment of your apartment, that is in breach of the nuisance provisions of the strata legislation.
Also, the Owners Corporation has a duty of care and the impact of the dining/drinking owners may negatively impact on the building’s insurance so this aspect should be investigated
Hi, do you have any articles that point to washing a vehicle on common property (nsw)?
We have a single level complex of 18 villas, all with one garage each. Can we stand a vehicle on common property in front of our own villa, not blocking any access or garage, to wash a vehicle using our OWN water?
Hi Matt
Leanne Habib from Premium Strata has responded to your comment in the article above.
Our strata committee have decided to spend $3,500 on outdoor furniture, for the common outdoor area. I’m not sure where the money is coming from and owners were not consulted. The common area is right behind my unit and I am concerned about noise and people sitting around drinking. There are 31 units in our block.
Several units in our apartment complex have gardens within their courtyards, these are maintained by the strata, they are not accessible to anyone other than the unit owners. If they want to change the planting in their gardens strata pays for it as it common property. Can we make the unit owners pay for ‘extraordinary’ gardening if it’s to change the garden for their use only?
Hi,I`m ,a lot owner of strata plan 72259 in Gosford,I have two car spaces available to myself,am I required to only use the car spaces for parking of cars,if I keep the area tidy/free from rodents and mould,regards and thank-you,…ps Qld has a much fairer system and less bullying with their strata plans as everyone whom is a lot owner has a potential to vote on agenda….
Re the case of a resident putting their own furniture etc on common property. We had a similar situation. Two things happened. One was that the residents were told that ALL residents had a right to use any “facilities” on common property. Two – the contractor who did the mowing and gardening refused to mow/weed around the furniture. Another time he moved the furniture in order to mow – and billed the OC for the extra work, submitting a complaint at the same time. The Strata Manager forwarded the bill to the leasing agent.
Another time we “inherited” play equipment left behind by a departing resident. Over time it deteriorated. Eventually, a child got hurt and the play equipment was disposed of. Lesson: If the OC tolerates possessions being left on common areas, it will be held accountable for the consequences.
there are 25 unit walk ups, and 12 units in the tower with a lift that they only have access too.
Question do all units have to pay for for the upkeep of the lift, or is it the responsibility of the units that use it..
Hi paul
We have responded to your question in this post: NSW: Q&A Duty to Maintain and Repair Common Property
We had a problem with people parking on the common property which made it difficult for others to access their garages.
We are a block of 12 with only 2 owner occupiers and only 4 owners coming to the meetings. The strata committee members who vote each other in all benefited from parking in front of their garages.
An application to NCAT for mediation resulted in them getting legal advice which stated that parking was in breach of a by-law and telling them how they could get exclusive use.
The exclusive by-law failed but unfortunately the strata committee members have used their power to give parking rights to one tenant. The thin edge of the wedge!
So for us, with no opportunity to park in front of our garages the whole thing has been exhausting, debilitating and a waste of time.
Thank you this has been helpful. As each situation is different can I say that the strata manager of my property doesn’t say anything the two investor owners have given permission for the owner to leave the garden furniture. should it be in majority rules or a unanimous decision? This will help me before I put a submission into fair trading Regards
Hi Freda, I had a conversation with a strata lawyer recently regarding exclusive rights use of common space.
To answer your question regarding the resolution, it has to be 75% of unit entitlements, and even if not financial all owners can have their vote in such matter.
We are a lot of three with 10 each entitlements, so if two owners agree and on does not, it does not reach 75%, 75% of 30 is 22.50, or 20 is 66.66%, in that case all have to agree.
I cannot recommend to approach the Tribunal, it can become very costly in legal terms. Good Luck!