This article discusses whether strata by-laws relating to dining on common property can be used to address noise, nuisance and misuse of shared areas, and what options owners corporations have to manage the behaviour.
Question: In our small building, two residents constantly dine and drink on the common property. The other residents are sick of the noise. Would our noise bylaw also address dining and drinking on the common property?
In our 10 unit building, we have some issues with our common property. Owners in two of the units are constantly putting blankets outside on the lawn and dining/drinking. The rest of the residents are sick of the noise and having to constantly listen to these same two residents. What can resident do and not do on common property? Would our bylaws prevent this? We have a bylaw about noise, but would this also cover dining and drinking on the common property?
Answer: By-laws strictly prohibiting dining/drinking on the common property could be passed by the Owners Corporation.
There are other model by-laws besides the noise bylaw that 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
This post appears in Strata News #622.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440