This article discusses enforcing unclear or poorly drafted strata by-laws and when they may need clarification or replacement.
Question: Our By-laws are badly written and I’m having trouble interpreting them. How can we enforce the bylaws if we don’t understand them?
Our By-laws are badly written so I would appreciate some advice on the interpretation of:
‘(1) The hardstand area being part of the Common Property designated by the Body Corporate for storage purposes (“Hard Stand Area”) as per plan attached and marked “hardstand area” may only be used for storage of boats, • jet skis, trailers, caravans or motor homes (collectively referred to as an “Occupier’s Asset”) that belong to the Occupier of a Lot.’
Does this clause mean that you have to park your trailer on the Hardstand? Or can the trailer be parked in your driveway? I find it difficult to breach residents if I don’t fully understand the By-laws.
Answer: That fact that you are having trouble interpreting the by-law may tell you that it isn’t really fit for purpose.
It’s difficult to interpret the by-law without having full details of your site or at least reference to the plans. If you have one, you should check with your body corporate manager. If not you might want to review with the rest of the Committee.
Still, as you have I asked, I’ll forward an opinion that there is a ‘hardstand area’ at your site on which owners can store boats, jet-skis, trailers, caravans or motor homes. Other items may not be stored there. Hopefully, that hardstand area is clearly marked so that owners know where it is and what may be kept there.
The by-law doesn’t make any reference to where owners have to keep their trailers or whether they can store in their driveways. You would need to check through the rest of the by-laws to see if there are any prohibitions on this and advise owners on that basis. You need to review all of the by-laws to check the possibilities.
That fact that you are having trouble interpreting the by-law may tell you that it isn’t really fit for purpose. After all, if owners don’t understand what the law is saying how can they be expected to follow it? You could contact a strata solicitor and inquire about having a new by-law drafted to replace the existing one
Perhaps too, the fact that you are having some trouble with the interpretation may mean some greater assistance is required. This could come from other committee members or a body corporate manager. Certainly, it never hurts to ask and I can tell you that in body corporate management offices there is a great deal of collaboration between managers over questions like this to try and get the right interpretation.
This post appears in Strata News #532.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
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