Question: If our bins are common property, can the committee make residents responsible for taking the bins out for collection?
Many of our residents in our complex of 14 townhouses do not comply with our rubbish disposal rules. We have 17 bins. The committee decided to make lot owners responsible for bin maintenance, including the to and fro of the bin to the kerb for collection. The agent argues that the committee cannot do that as the bins are common property. It would require an AGM, by-law and 100% of owners to agree. Is the agent correct?
If all owners pay waste management fees to the council, surely the associated asset and its maintenance are an individual responsibility.
Answer: Check the by-laws to determine the correct position.
As for the requirements for a validly passed by-law, a special resolution is required, i.e. you must have not more than 25% voting against it. An AGM is not required – a general meeting will suffice.
In terms of who is responsible for the placement of bins for Council collection, this is usually set out in the by-laws applicable to your scheme. In some cases, this is the responsibility of a building manager/cleaner, and in other schemes, it is the individual lot owner’s responsibility. Check the by-laws to determine the correct position. In the absence of a by-law, the strata committee can determine how the bins are managed and whether this is part of the cleaner’s or other suppliers’ duties.
This post appears in Strata News #741.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440