An NSW Lot Owner is wondering how to control the bylaw breach of hanging washing on the balcony. Leanne Habib, Premium Strata provides the following response.
Question: What action can the Strata Committee take to impose compliance for breaches? A lot owner is amplifying her non-compliance in response to being advised to cease her hanging of washing on the balcony practices.
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Strata Bylaw breaches – What action can the Strata Committee take to impose compliance?
We have an NSW lot owner who persistently and repeatedly defies a polite request made on behalf of the owners corporation to comply with and discontinue breaking a standard Strata by-law (in this case By-Law No 14 drying washing on a balcony and in plain view from common property).
Drying of Laundry Items
An owner or occupier of a lot must not, except with the consent in writing of the owners corporation, hang any washing, towel, bedding, clothing or other article on any part of the parcel in such a way as to be visible from outside the building other than on any lines provided by the owners corporation for the purpose and there only for a reasonable period.
What steps should be taken to make other residents aware that the Strata Committee has made the residents’ case without gaining compliance? Up until now, we have chosen not to “name and shame” individual lot owners for by-law breaches. However, we are faced with one belligerent lot owner who is apparently amplifying her non-compliance in response to being advised to cease her laundry drying practices.
What are the next steps to dissuade lot owners from hanging washing on the balcony? What actions are most appropriate to get a result for our community?
Answer: Issue a notice to comply with the washing on the balcony bylaw and then pursue the matter through NCAT.
The owner is clearly in breach of the by-law, so next steps would be:
- Pass a resolution at a general meeting/strata committee to issue a notice to comply in the form approved to the offending owner (a resolution is not required if that function has been delegated to your strata manager)
- If the offending owner persists in the washing breaches, then the owners corporation may make application to NCAT to impose a monetary penalty
- If the person breaches again within 12 months of NCAT having imposed a monetary penalty, then NCAT has power to double the usual monetary penalty
Alternatively, you may wish to obtain Orders from NCAT that the owner cease & desist in the offending behaviour, though Mediation would first be required to be attempted.
Breach of Orders carries higher penalties than breach of by-laws.
This post appears in Strata News #221.
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Leanne Habib
Premium Strata
P: 02 9281 6440
E: [email protected]
You can connect with Leanne & Premium Strata on Facebook, Twitter & LinkedIn.
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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The mediation & remedy seems reasonable. But the process is time burdensome & costly for the bc committee. The offending owner can simply refuse to pay. Then another process of mediation. There’s no real teeth to bc bylaw enforcement. In the end residents can only remain frustrated with people who want to behave like prats. I’d like to know if there have been any successful dispute outcomes for body corporates.