Question: A resident uses their garage as an extra entertainment room and disturbs surrounding residents. Could we introduce a by-law to restrict this activity?
Can we establish a by-law that restricts the use of the garage to the parking of cars?
Our strata block has garages between each villa. The villa’s garage adjoins the next villa’s bedrooms. All noise in the garage area can be heard in the bedrooms.
A resident uses their garage as an extra entertainment room with lounges, a coal-burning BBQ, TV, etc. The noise from this garage space disturbs the surrounding residents with smoke, smell, and noise.
Can we establish a by-law that restricts the use of the garage to the parking of cars?
Answer: This type of entertainment may be in breach of planning consents for the complex.
Garages are not considered “habitable” spaces, so this type of entertainment may be in breach of planning consents for the complex. It also appears that the entertainer is breaching a wide range of laws/by-laws including nuisance (smoke, smell, noise) and by-laws that regulate behaviour.
In our view, a garage by-law restricting use to car parking and/or limited storage would be reasonable. In our experience, this by-law is commonly used to preserve the “appearance and amenity” of the building and to ensure the area is used as per the approved purpose under the DA.
This post appears in the February 2025 edition of The NSW Strata Magazine.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440