Question: Who is responsible for contacting the Council about a neighbour’s composting and hoarding that creates odour, attracts vermin, and prevents the use of common areas?
I live in a townhouse-style unit where the lots are side by side. My neighbour is a hoarder and has stacked around 20 milk crates of decomposing compost against our joint fence. They have also filled about 80 milk bottles with compost. When the bottles are cut open, the smell becomes worse. The composting is creating a foul odour, and there is also a strong chemical smell from old liquid fertiliser.
Our courtyard is covered in rat droppings every morning because the odour attracts them, and this is preventing us from using our courtyard. The neighbour has ignored my complaints. The strata manager stated that there is no specific by-law covering this, but it could fall under the categories of nuisance or hazard. They recommended that I contact the Council instead of applying to NCAT, as the NCAT process would be lengthy and costly. A committee member also told me that Council should handle this because it is a health issue. Is this true, and is it fair for the strata to ask me to deal with this problem on my own?
Answer: The owners corporation can act, but you also retain individual rights if it does not.
Under NSW strata law, there are two important points to keep in mind.
1. Obligations under the Strata Schemes Management Act
Section 153 of the Strata Schemes Management Act 2015 provides that:
“An owner, mortgagee or covenant chargee in possession, tenant or occupier of a lot must not use or permit the lot to be used in a manner or for a purpose that causes a nuisance or hazard to the occupier of any other lot”.
The situation you describe may fall within what could be considered a nuisance or a hazard for the purposes of section 153. The owners corporation has standing to take enforcement steps if it wishes. This might include issuing a “notice to comply” in relation to a by-law, which is a separate mechanism, or seeking orders from NCAT under section 153. An individual lot owner also has the right to apply directly to NCAT under section 232 for orders requiring compliance with section 153, so it is not always necessary to leave it to the owners corporation.
2. The role of Council and health authorities
Local councils generally have stronger powers when it comes to environmental health risks. Councils can investigate hoarding, vermin infestations, and offensive odours under the Public Health Act 2010 (NSW) and local orders powers. They can issue cleanup notices and, if necessary, carry out the work themselves. These are enforcement powers that an owners corporation does not have.
3. What happens if the owners corporation does not act
Sometimes, lot owners feel more supported when their owners corporation takes the lead on issues like this, rather than being told to pursue it on their own. That said, if the owners corporation does not take the steps you would like, you still have personal avenues available through NCAT or Council. In a sense, this is similar to living in a Torrens title home: if your neighbour is causing a health or amenity issue, you do not have a strata scheme to lean on — you would need to pursue it directly with Council or through legal channels. In strata, both options exist: the owners corporation can act, but you also retain individual rights if it does not.
In summary
- The neighbour’s behaviour may amount to a breach of section 153 of the Act.
- The owners corporation can issue a notice to comply or pursue NCAT orders, and you, as an individual owner, can also apply to NCAT.
- Council is another practical option, given their powers around health and safety.
- If the owners corporation does not take the lead, you are not without options — you can still pursue the matter directly, much like a homeowner would in a non-strata setting.
Tim Sara
Sara Strata
E: tim@sarastrata.com.au
P: 04 8500 7960
Lot Owner A claimed $150,000 from Strata insurance for water damage caused by a failed, rusted flexi-hose under upstairs hand basin in lavatory.
Lot Owner B claimed $50,000 from Strata Insurance for water damage caused by a plastic external hose fitted to a tap attached to an ice making fridge.
Surely this is Owner responsibility to make good the damage to O/C property? In both cases, wooden floors, wooden stairs and kitchen were destroyed. My Strata company tells me that even if a child overflowed a bath and destroyed wooden floors, Strata Insurance would still have to pay. I dispute this. Who is right? NSW Town house complex.
Hi Vivifrance
Leanne Habib, Premium Strata has provided the following response:
In our experience, Owners Corporation’s strata insurance covers claims for water damage that is unexpected, sudden and accidental and does not cover claims for lack of proper repair and maintenance.
Further, generally, Owners Corporation’s insurance only covers damage to common property and permanent fixtures. Fittings, furniture, appliances and other contents within lot property are the responsibility of landlord insurance/lot owner.
Is there a requirement to main your lot? We have a lot owner that rents out their unit but does no maintenance. Water leaks x 2 have caused damage to the unit below. There is now water hammer cause noise to surrounding units coming from the hot water taps, The balcony tiling (no waterproofing ) has little grout left and leaching water, is staining new Owners Corp painting, the balcony door is leaking allowing water inside the unit (there is Magnesite under the carpet).. These issues are causing angst and potentially damage to common property. The owner has ignored requests from the strata manager via minuted decisions by the committee.
Thanks for your advice.
Hi Gillian
Leanne Habib, Premium Strata has responded to your comment in the article above.