This article discusses common property storage breach, explaining what strata can do when an owner stores personal items on common property and enforcement options if the committee is divided.
Question: A lot owner stores items on common property outside their front door. I’ve requested they be served with a breach but the strata manager is reluctant to do this.
A lot owner in our building stores personal items on the landing outside their unit. The items include a large box, a mat and multiple pairs of shoes.
I have advised strata about this on multiple occasions. I recently requested a breach notice be issued to the owner for breaching the common property by-law.
The Strata manager does not have the owner’s contact details and is unwilling to send a letter unless all Committee members approve. There are only 2 Committee members, myself and an owner who is a friend of the owner who is breaching strata laws. What can I do?
Answer: Request the motion be included on the next General Meeting of the Owners Corporation so a decision can be made by all owners present.
Items should not be stored on common property without approval of the Owners Corporation. As you mention, this is very likely a breach of the by-laws for your strata scheme. The difficulty is that often a strata manager will require that a majority of the Committee support action in regards to breach processes as although they likely have delegated authority to take this action, the next step in the breach of by-law process will require that a formal Committee meeting be held to issue a Notice to Comply. If there is not a majority of the Committee approving this course of action you cannot follow that route.
The options you have available are requesting that the motion be included on the next General Meeting of the Owners Corporation so a decision can be made by all owners present.
I would also have to suggest that this is potentially a risk in regards to the fire requirements which require that there is a clear path of egress.
This post appears in the August 2022 edition of The NSW Strata Magazine.
Robert Fothergill Strata Life E: Robert@thestratalife.com.au P: 02 9456 9917