Our aggressive building manager installed a sign forbidding people to feed cats in our complex’s garden. The owners corporation has not approved the sign. Can I remove the sign?
The building manager has installed a sign forbidding people to feed stray cats on our complex’s garden bench. The building manager has threatened fines and forbids people from taking the sign down, stating the sign is common property. The owners corporation has not voted on the sign, and I feel it is restricting owners access to the bench. As the building manager takes a very aggressive approach to communication, what should I do? Can I remove the sign? Am I best to escalate this situation?
I would not suggest removing the sign yourself, especially if the building manager is aggressive in their approach.
Any addition, alteration or erection of a new structure on the common property requires a special resolution at a general meeting in accordance with section 108 of the Strata Schemes Management Act 2015.
If there has been no vote on the installation of the sign, it has not been properly authorised and should be removed by the owners corporation. I suggest that you put a motion to a properly convened meeting for its removal and escalate the situation to the strata committee and/or the strata manager.
I would not suggest removing the sign yourself, especially if the building manager is aggressive in their approach.
I would not be concerned in regards to the building manager issuing fines. Only the Court or Tribunal can issue fines through notices to comply and then penalty proceedings.
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Matthew Jenkins is the General Manager and Partner at Bannermans Lawyers and a leading practitioner in strata and community title law. Before joining the firm in 2006, Matthew spent over ten years in the finance sector with major international companies. Admitted in 2008, he has developed extensive expertise across by‑law drafting, building compliance, management rights, dispute resolution, insurance, meeting procedures and complex title structuring. Matthew serves on the SCA (NSW) Board of Directors, is Chair of the Policy and Legislation Committee, and is a TAE40122 qualified trainer and assessor.
Qualifications
- Bachelor of Aviation (UNSW)
- Juris Doctor (UTS)
- Member of the Law Society (NSW)
- TAE40122 Certificate IV in Training & Assessment
Years of experience
- Over 18 years in strata and community title law (since 2006)
- Over 10 years prior experience in the finance sector
Authoritative mentions
- Published author in the Real Estate Institute Journal
- Contributor to multiple industry articles and strata law commentary
Other relevant info
- Rapid career progression at Bannermans Lawyers from law clerk to Partner
- Extensive experience across NCAT and Supreme Court proceedings
- Specialist in by‑laws, building management, compliance, insurance, disputes and title structuring
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