Question: Our caretaker has “commandeered” our garden shed as his recreation space. Our bylaws clearly state that the shed is for storage only. Surely the Committee need to enforce this?
Our caretaker has “commandeered” our body corporate garden tool/material store shed as his own, using it as a workshop/retreat and socialising area day and night.
This is annoying neighbours in the vicinity. The matter has been the subject of a BCCM conciliation hearing who set out specific conditions, use, times etc. These have been ignored by the caretaker and the committee. The committee claims that according to our local council regulations no restrictions apply regarding hours of use etc.
Our bylaws clearly state that the shed is for storage only.
Surely this has nothing to do with the council and is the responsibility of the committee to police?
Answer: A caretaker can only use common property for purposes related to caretaking if those rights are granted by way of an occupation authority.
Yes – this is not a council matter but an issue for the body corporate.
A caretaker can only use common property for purposes related to caretaking if those rights are granted by way of an occupation authority. This is because the regulation module provides:
A service contractor or letting agent may acquire rights to occupy part of the common property for the purpose of the service contractor’s engagement or letting agent’s authorisation, only under this section.
If the use is not for caretaking purposes, there is no ability to exclusively use the area.
To approve an occupation authority an ordinary resolution at general meeting is required. Accordingly, to resolve the issue, the committee would need endorsement at general meeting.
Importantly, an occupation authority can:
- only be given if the use does not unreasonably interfere with the use and enjoyment of a lot or the common property; and
- if it is given, can be done on any reasonable conditions.
Accordingly, it is immaterial what the by-laws provide for (unless it is an exclusive use by-laws that was imposed prior to the commencement of this section dealing with occupation authorities).
This post appears in Strata News #507.
Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753
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