Question: I raised security concerns with the committee. They were dismissed so I created and distributed a factsheet to residents. I’ve now received a breach of by-law notice under nuisance. Am I a nuisance?
I raised a security issue to our committee and provided suggestions to address this at a meeting. The committee voted against the suggestions as they felt they weren’t ‘convenient’.
The meeting minutes did not detail the legitimate concerns, so I developed a factsheet to advise owners. I either handed the factsheets out in person around the building or put them in apartment door jambs.
This resulted in enough owner support to request an EGM for owners to vote. However, the committee served me with a notice, quoting a by-law under nuisance for ‘entering other floors for letter drops to occupiers’. Does this action constitute ‘a nuisance’?
Answer: Simply because you’ve been accused of ‘nuisance’, it does not then automatically mean you have created a nuisance.
‘Nuisance’ under Queensland strata legislation is contextualised in relation to use of a lot or common property. As you note, there may also be a specific by-law applying to your scheme about ‘nuisance’.
Based on your brief description, It’s impossible to say whether ‘nuisance’ applies here. There are several factors to consider. The standard for nuisance in Queensland has been established through the Courts, for example. And I should stress that simply because you’ve been accused of ‘nuisance’ does not automatically mean you have created a nuisance. That is for an adjudicator, or the Magistrates Court, to determine.
Ordinarily, I’d suggest you now engage with the committee to try to bring about some resolution to this matter. Given what has transpired, that may be challenging, although I think you do at least need to attempt it. If you have been served a by-law contravention notice or an application has been made to the Commissioner’s Office about the alleged ‘nuisance’, you may need to consider seeking legal advice.
There are seemingly some bigger, broader issues at play at your scheme, based on what you’ve said. You might need to give thought to how you address those rather than a specific matter.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
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