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NSW: Dealing with Hoarders – One Man’s Trash is Another Man’s Treasure

hoarders

This article about dealing with hoarders has been supplied by Bannermans Lawyers.

Question: Why don’t other lot owners like hoarders?

Answer: Typical issues that arise from lot owners who are considered “hoarders” are bad odours emanating from their lot and also issues with cockroaches, rats and mice which arise as a result of the lot being full of the “possessions” of the lot owner.

Typical issues that arise from lot owners who are considered “hoarders” are bad odours emanating from their lot and also issues with cockroaches, rats and mice which arise as a result of the lot being full of the “possessions” of the lot owner. Such lot owners tend to compulsively collect all manner of items and do not dispose of anything. Because there are so many items in their lots this can create fire hazards and make it difficult for firefighters to deal with the fire.

The only way to properly resolve the issue of the odour and vermin is to have the lot owner or alternatively, the owners corporation remove the cause of the smell, clean the lot and treat the vermin.

Question: Can by-laws create rules to prevent hoarding?

Answer: If the strata scheme has developer by-laws, there may be a by-law that provides a lot owner must keep their lot clean and tidy, and free of vermin. If your strata scheme does not have such a by-law, the owners corporation should make a by-law to this effect.

Question: What legal action can an owners corporation take against a hoarder lot owner?

Answer: If a by-law is breached, the owners corporation can issue notices to comply and commence penalty proceedings against the lot owner in the NSW Civil and Administrative Tribunal (NCAT).

Question: Can guardianship appointment assist with the removal of rubbish?

Answer: As mentioned above, hoarding typically stems from the lot owner having a tendency to hold onto their belongings and not dispose of anything. If the lot owner in question has a guardianship appointment, the appointed guardian may be able to make the decision to clean out the lot for the lot owner as this would be a decision being made with respect to the health of the lot owner.

Bannermans Lawyers E: enquiries@bannermans.com.au P: 02 9929 0226

This post appears in Strata News #225.

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This article has been republished with permission from the author and first appeared on the Bannermans Lawyers website.

***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.

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